Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-23-9.5-26 Payment and performance bonds
0.8K chars
Sec. 26. (a) A contract with the department entered into under this chapter must require the selected CMGC or PDB to provide payment and performance bonds in an amount not less than the estimated cost of: (1) the project; or (2) the GMP, as described in the request for proposals.…
Ind. Code § 8-23-9.5-27 Class C infraction; disqualification
0.5K chars
Sec. 27. It is a Class C infraction for a person that submits a proposal under this chapter to make a false statement regarding the financial worth of the person in a proposal or other written instrument filed by the person with the department under this chapter or rules adopted …
Ind. Code § 8-23-9.5-28 Expiration
0.1K chars
Sec. 28. This chapter expires July 1, 2028. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-3 "Construction services"
0.3K chars
Sec. 3. As used in this chapter, "construction services" means the physical construction work undertaken by a CMGC or PDB to construct any portion of a project which may be awarded as a single contract for a project or multiple contracts for portions of a project. As added by P.L…
Ind. Code § 8-23-9.5-4 "Design services"
0.2K chars
Sec. 4. As used in this chapter, "design services" means services performed by a professional services consultant that is qualified by the department to provide services. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-5 "Evaluation committee"
0.4K chars
Sec. 5. As used in this chapter, "evaluation committee" refers to a group of individuals who are: (1) employed by the department; (2) responsible for evaluating proposals; and (3) responsible for choosing not more than three (3) proposals with the highest scores to be considered …
Ind. Code § 8-23-9.5-6 "GMP"
0.1K chars
Sec. 6. As used in this chapter, "GMP" refers to the guaranteed maximum price for work established by a contract. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-7 "Person"
0.2K chars
Sec. 7. As used in this chapter, "person" means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity. As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-9.5-8 "Preconstruction services"
0.4K chars
Sec. 8. As used in this chapter, "preconstruction services" means consulting to provide information regarding the impact of design on the construction services of a project, including: (1) scheduling; (2) work sequencing; (3) cost engineering; (4) constructability; (5) cost estim…
Ind. Code § 8-23-9.5-9 "Professional services consultant"
0.4K chars
Sec. 9. As used in this chapter, "professional services consultant" means a person that performs: (1) program management; (2) construction management; (3) feasibility studies; (4) preliminary engineering; (5) design engineering; (6) surveying; (7) mapping; or (8) architectural se…
Ind. Code § 8-1-11.1-1 Creation; board of trustees; directors; membership;
7.6K chars
appointment; qualifications; tenure; proceedings Sec. 1. (a) In addition to the other executive departments of a consolidated city, there is hereby created in any such city a department of public utilities, which shall have as its head and be under the general supervision and con…
Ind. Code § 8-1-11.1-10 Tax levy to pay for bonds; utility district bond fund
3.2K chars
Sec. 10. For the purpose of raising money to pay all bonds issued as provided in section 8 of this chapter, and the interest thereon, to the extent that moneys are not available therefor in the judgment of the board of directors for utilities from the operations of said utility p…
Ind. Code § 8-1-11.1-12 Expenditures of current income; vouchers
1.2K chars
Sec. 12. The current receipts and all other moneys derived from the operation of any such utility property shall be expended by said board of directors upon vouchers in a form to be determined by them, and any such funds shall be deposited in such bank or banks as may be determin…
Ind. Code § 8-1-11.1-13 Separate books of account for separate utilities
0.3K chars
Sec. 13. In event more than one (1) utility property is operated by said board of directors, separate books of account and records shall be kept for each utility, and the funds of each shall be kept segregated. [Pre-Local Government Recodification Citation: 19-3-24-13.] As added …
Ind. Code § 8-1-11.1-14 Quarterly accounting and report to city controller
0.6K chars
Sec. 14. The board of directors for utilities shall make quarterly accounting and reports to the city controller of such city, of all funds received and expended by it, and not less than sixty (60) days after the end of each calendar year the city controller shall make publicatio…
Ind. Code § 8-1-11.1-15 Board of directors free from control of department of local
1.1K chars
government finance Sec. 15. This chapter being necessary for and intended to secure efficient and economical management and operation of utility properties in any consolidated city taking advantage of the provisions hereof, the said board of directors shall have full power to tra…
Ind. Code § 8-1-11.1-16 Budgets; nonapplication of chapters; fixing and review of
0.5K chars
budgets, tax rates, and levies; limitations on property tax rates or appropriations Sec. 16. The provisions of IC 6-1.1-17 and IC 6-1.1-18 shall not apply to the board of directors created by this chapter, but such board of directors shall annually, on or before the thirty-first …
Ind. Code § 8-1-11.1-17 Examination and audit of books and accounts
0.5K chars
Sec. 17. The books, accounts, records and transactions of said utility district and of the board of directors thereof shall be subject to examination, audit and supervision by the state board of accounts to the same extent as the books, accounts, records and transactions of other…
Ind. Code § 8-1-11.1-18 Application of chapter to currently held or acquired utilities
0.5K chars
Sec. 18. Whenever in any sections of this chapter any provisions are made applying or relating to any public utility or utility property owned, held, or acquired by said city, all such provisions shall apply and relate also to any public utility and utility property which said ci…
Ind. Code § 8-1-11.1-19 "Revenue obligations" defined
0.4K chars
Sec. 19. As used in this chapter, "revenue obligations" shall mean any obligations, including bonds, notes, temporary, interim or permanent certificates of indebtedness, debentures or other obligations payable out of the income and revenues derived from utility property. [Pre-Loc…
Ind. Code § 8-1-11.1-2 Board of directors; appointment of officers; compensation;
1.7K chars
meetings; employee bonds Sec. 2. (a) The members of such board of directors for utilities shall hold a meeting on the second Monday of January of each year for the purpose of organization and to elect officers for the ensuing year. They shall choose one (1) of their members presi…
Ind. Code § 8-1-11.1-20 Revenue obligations; issuance; authorized purposes
2.1K chars
Sec. 20. The board of directors for utilities may issue revenue obligations for any one or more of the following purposes: (1) For the purpose of obtaining funds with which to pay for the acquisition of any utility property which any such city shall have acquired or shall have th…
Ind. Code § 8-1-11.1-21 Security for revenue obligations; issuance of additional
1.7K chars
obligations authorized Sec. 21. Such revenue obligations shall be secured by a pledge of the unobligated income and revenues of any one (1) or more of the utility properties of the department of public utilities. In addition, the board of directors for utilities may in its discre…
Ind. Code § 8-1-11.1-22 Resolution authorizing revenue obligations; trust indenture;
3.0K chars
terms of obligations Sec. 22. (a) Such revenue obligations shall be authorized by resolution adopted by the board of directors for utilities and the terms, conditions and form thereof shall be set out in such resolution or in a form of trust indenture between the corporation and …
Ind. Code § 8-1-11.1-23 Temporary loans authorized
0.9K chars
Sec. 23. For the purpose of providing necessary funds with which to pay the cost of acquiring any utility property, or paying off any indebtedness of or upon any utility property, so acquired, or to pay for interim costs of construction prior to long term financing, including the…
Ind. Code § 8-1-11.1-24 Revenue obligations; approval or validation; facsimile
2.2K chars
signatures; sale; actions to contest validity; certificates of indebtedness; execution Sec. 24. (a) All such revenue obligations shall be valid without the necessity of any approval of or ratification by either the commission or the department of local government finance. The boa…
Ind. Code § 8-1-11.1-25 Revenue obligations; eligible investments; deposit of securities
0.5K chars
Sec. 25. Any revenue obligations issued pursuant to the provisions of this chapter shall be eligible investments for the funds of any kind or character of every financial institution, insurance company or private trust, and such obligations shall be eligible for deposit by any fi…
Ind. Code § 8-1-11.1-3 Board of directors; powers and duties
11.8K chars
Sec. 3. (a) The board of directors for utilities shall have, within and outside such city as provided in this chapter, the exclusive government, management, regulation, and control of all public utilities consisting of any waterworks, gasworks, electric light works, heating and p…
Ind. Code § 8-1-11.1-3.1 Board of directors; certain powers and duties pertaining to
0.5K chars
municipally owned utilities Sec. 3.1. In addition to the other powers specified by this chapter and notwithstanding IC 8-1.5-3-1, the board of directors for utilities has all rights and powers conferred on a municipally owned utility by IC 8-1.5-3-4(b), IC 8-1.5-3-6, and IC 8-1.5…
Ind. Code § 8-1-11.1-3.5 Retirement, survivor, or other benefits; increase
1.0K chars
Sec. 3.5. (a) Every person who is receiving retirement benefits, survivor benefits or other benefits from any fund or funds established by, or under the authority of, the board of directors for utilities of the department of public utilities may have such retirement benefits, sur…
Ind. Code § 8-1-11.1-4 Directors or trustees; adverse interest in contracts
0.4K chars
Sec. 4. No contract shall be made for the purchase or sale of any materials or supplies on behalf of said board of directors for utilities with any trustee or director, and no trustee nor director shall have any pecuniary interest in any such contract. [Pre-Local Government Recod…
Ind. Code § 8-1-11.1-5 Actions to protect rights of cities
0.6K chars
Sec. 5. The board of directors for utilities in every such city may, in the name of the city, bring any such action which it deems proper in order to protect the property rights of said city with reference to any such utility property so under the control of such board, or to sec…
Ind. Code § 8-1-11.1-6 Utility districts; creation
0.5K chars
Sec. 6. All of the territory included within the corporate limits of any said city shall become and constitute a utility district for the purpose of providing for the furnishing of utility service in such lines of utility operation as may be taken over or owned by said city, and …
Ind. Code § 8-1-11.1-7 Expenses; procedure for payment
1.9K chars
Sec. 7. All preliminary expenses actually incurred by such board of directors in providing necessary records, the employment of clerks, engineers, attorneys and other employees, the making of surveys, and all other expenses of whatsoever nature necessary to be paid prior to the a…
Ind. Code § 8-1-11.1-8 Bonds authorized; purposes; terms; sale procedures;
6.9K chars
disposition of proceeds; mortgage bonds; temporary loans; execution Sec. 8. (a) For the purpose of raising money to pay for the acquisition of any utility property which said city shall have the right to and shall determine to acquire, or which any such city may take over as trus…
Ind. Code § 8-1-11.1-9 Disposition of bond revenues
1.0K chars
Sec. 9. All proceeds from the sale of bonds described under section 8 of this chapter shall be kept as a separate and specific fund to pay the cost of the acquisition of any utility property which the city shall have the right to and shall determine to acquire or the payment of o…
Ind. Code § 8-1-11.2-1 Power to purchase; ordinance requirement; price; revenue
1.6K chars
bonds Sec. 1. Any consolidated city shall have the power to purchase the whole or any part of the property of a public utility, when but only when its city-county council by an ordinance signed and approved by the mayor, and its board of trustees for utilities of its department o…
Ind. Code § 8-1-11.2-2 Control and operation of acquired utility
0.5K chars
Sec. 2. When any consolidated city shall have thus acquired utility property, the control and operation of such utility property shall be in the board of directors for utilities of the department of public utilities of such city under IC 8-1-11.1 or under any other statutes relat…
Ind. Code § 8-1-11.2-3 Utility service furnished city; payment
0.5K chars
Sec. 3. Such city shall not be obligated to pay for any utility service furnished it by the operation of utility property acquired under this chapter except according to and by virtue of such agreement, if any, as may be made therefor between the board of directors for utilities …
Ind. Code § 8-1-13.1-1 Findings
0.9K chars
Sec. 1. The general assembly makes the following findings: (1) Alternative energy projects result in quantifiable reductions in, or the avoidance of, regulated air pollutants and carbon emissions produced by traditional electric generating facilities that use fossil fuels as thei…
Ind. Code § 8-1-13.1-10 Alternative energy incentive fund; sources of funds;
1.7K chars
appropriation; expenditures; expenses; investment; nonreverting fund Sec. 10. (a) The alternative energy incentive fund is established for the purpose of providing funds to corporations for use in the development of alternative energy projects. The fund shall be administered by t…
Ind. Code § 8-1-13.1-11 Office to establish account in fund for each corporation
0.1K chars
Sec. 11. The office shall establish an account within the fund for each corporation. As added by P.L.151-2009, SEC.5.
Ind. Code § 8-1-13.1-12 Application by corporation to office for access to funds; access
5.3K chars
amount; application and documentation; review and dispute resolution; installments Sec. 12. (a) Beginning in 2009, not later than August 1 of each year, a corporation may apply to the office to have access to a percentage of the total funds that are, as of July 1 of the year, in …
Ind. Code § 8-1-13.1-13 Joint development of alternative energy projects
0.9K chars
Sec. 13. (a) Two (2) or more corporations that are members of the same cooperatively owned power supplier may: (1) develop alternative energy projects jointly; and (2) share money drawn from their respective accounts in the fund with the corporations' cooperatively owned power su…
Ind. Code § 8-1-13.1-14 Corporation's board of directors determines use of money;
2.1K chars
permissible uses of money; limitations Sec. 14. (a) A corporation's board of directors is entitled to determine how money drawn from the corporation's account under section 12 of this chapter is used, subject to the following: (1) Money drawn from the corporation's account under …
Ind. Code § 8-1-13.1-15 Adoption of rules by office
1.8K chars
Sec. 15. (a) The office may adopt rules under IC 4-22-2 to implement this chapter. Any rules adopted by the office under this section must include: (1) requirements for plans for alternative energy projects submitted by corporations and cooperatively owned power suppliers to the …
Ind. Code § 8-1-13.1-16 Federal economic stimulus funds and programs
0.7K chars
Sec. 16. This chapter shall not be construed to constrain a corporation's access to and immediate use of federal economic stimulus funds for alternative energy projects. Notwithstanding any provision of this chapter, any money that may become available to a corporation in connect…
Ind. Code § 8-1-13.1-2 "Alternative energy project"
1.4K chars
Sec. 2. As used in this chapter, "alternative energy project" means a project that: (1) develops or makes use of: (A) clean energy projects (as defined in IC 8-1-8.8-2); (B) renewable energy resources (as defined in IC 8-1-8.8-10) for the production of electricity; (C) integrated…
Ind. Code § 8-1-13.1-3 "Cooperatively owned power supplier"
0.4K chars
Sec. 3. As used in this chapter, "cooperatively owned power supplier" means: (1) an energy utility (as defined in IC 8-1-2.5-2) that is a general district corporation organized under IC 8-1-13; or (2) an energy utility that is organized under IC 23-17 and whose membership include…
Ind. Code § 8-1-13.1-4 "Corporation"
0.2K chars
Sec. 4. As used in this chapter, "corporation" means a corporation organized under IC 8-1-13 as a local district corporation (as defined in IC 8-1-13-23(b)). As added by P.L.151-2009, SEC.5.