Title 8, UTILITIES AND TRANSPORTATION

Sec. 1. Subject to the other provisions of this article, the authority, a governmental entity, and a private entity may enter into a public-private agreement with respect to a project. Subject to the requirements of this article, a public-private agreement may provide that the pr…

Sec. 1. Subject to IC 8-15.7-1-5, the department may exercise the powers granted by this article to carry out: (1) the development; (2) the financing; (3) the operation; or (4) any combination of the development, financing, and operation; of all or part of one (1) or more project…

Sec. 2. An operator has: (1) all powers allowed by law generally to a private entity having the same form of organization as the operator; and (2) the power to develop, finance, and operate the qualifying project and impose user fees in connection with the use of the qualifying p…

Sec. 3. The operator may own, lease, or acquire any property interest or other right to develop, finance, or operate the qualifying project. As added by P.L.47-2006, SEC.40.

Sec. 4. In operating the qualifying project, the operator may do the following: (1) Make user classifications as permitted in the public-private agreement. (2) As permitted in the public-private agreement or otherwise with the consent of the department, make and enforce reasonabl…

Sec. 5. The department shall establish a program to facilitate participation in qualifying projects by: (1) small businesses that qualify for a small business set-aside under IC 4-13.6-2-11; (2) businesses certified under IC 4-13-16.5 as a minority business enterprise; (3) busine…

Sec. 1. It shall be unlawful for the commission to approve the issue of any stock, certificates of stock, bonds, notes maturing more than twelve (12) months after the date thereof, or other evidence of indebtedness, by any public utility except for cash or other property actually…

Sec. 1. When any person shall have come to his death by violence or casualty caused by a collision with a train, car or other conveyance of any common carrier, it shall be lawful for such train, car or conveyance to proceed on its journey before the arrival of the coroner and the…

Sec. 1. It shall be lawful for the board of directors of any railway company whose road passes through this state into adjoining states, by lot or otherwise, to so classify the members thereof, that one-fourth (1/4) (as near as may be) shall terminate their official terms as dire…

Sec. 0.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993: (1) is legalized; and (2) may be enforced after May 11, 1993. (b) The Indiana department of transportation shall conduct a revi…

Sec. 1. (a) A railroad company operating in this state shall equip every locomotive engine with a whistle and a bell, maintained in good working order, such as are used by other railroad companies. Except when approaching a crossing to which an ordinance adopted under subsection …

Sec. 1.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993: (1) is legalized; and (2) may be enforced on May 12, 1993. (b) The Indiana department of transportation shall conduct a review …

Sec. 2. (a) Every engineer or other person in charge of or operating an engine, who shall fail or neglect to comply with the provisions of section 1 of this chapter, shall be held personally liable to the state, in a penalty of not less than ten dollars ($10.00) nor more than fif…

Sec. 3. All actions for the recovery of the penalties prescribed in section 2 of this chapter shall be prosecuted in the name of the state by the prosecuting attorney of any county where the failure or neglect occurs. Formerly: Acts 1879(ss), c.77, s.3. As amended by P.L.62-1984,…

Sec. 5. All fines and penalties collected under the provisions of this chapter shall be appropriated to the benefit of the common school fund of the state, and the clerk of the court wherein such fines and penalties may be assessed and recovered shall, upon receipt thereof, pay t…

Sec. 1. It is a Class C infraction for a person owning or operating locomotive road engines to fail to provide and equip the locomotive road engines with storm-windows in both front windows in the cabs of the engines. The storm-windows shall be so equipped and adjusted as to perm…

Sec. 1. (a) As used in this chapter, "self-liquidating or nonrecourse project" means: (1) a project for which a lease or leases have been executed providing for payment in an amount the ports of Indiana determines to be sufficient to pay: (A) the interest and principal of the bon…

Sec. 2. (a) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, and subject to subsection (b), the ports of Indiana, in connection with any self-liquidating or nonrecourse project, shall have the following powers notwithstanding any …

Sec. 3. Any lease of a project may provide that the lessee, as its reasonable portion of the ports of Indiana's administrative expense incurred by the ports of Indiana during the term of the lease which the lessee is required to pay by IC 8-10-1-10, shall pay to the ports of Indi…

Sec. 4. The cost of any project may include, instead of the cost of the acquisition of the land constituting the site of such project, the value of such land as determined by the ports of Indiana. The proceeds of any revenue bonds representing the value of such land shall be depo…

Sec. 5. The ports of Indiana may contract for the use of any license, process or device, whether patented or not, which the ports of Indiana finds is necessary for the operation of any project, and may permit the use thereof by any lessee on such terms and conditions as the ports…

Sec. 6. The following provisions apply to this chapter: (1) IC 8-10-1-4. (2) IC 8-10-1-10. (3) IC 8-10-1-13. (4) IC 8-10-1-14. (5) IC 8-10-1-15. (6) IC 8-10-1-16. (7) IC 8-10-1-19. (8) IC 8-10-1-25. (9) IC 8-10-1-27. (10) IC 8-10-1-30. As added by P.L.224-2003, SEC.231 and P.L.27…

Sec. 0.3. Notwithstanding the amendments made to section 14 of this chapter by P.L.93-1993, in the case of a public utility that is described in IC 8-1-2-103(c), as amended by P.L.93-1993, the effective date for the implementation of the amendments made to section 14 of this chap…

Sec. 1. This chapter applies to all municipalities that: (1) own or operate waterworks; and (2) adopt the provisions of this chapter by ordinance. As added by Acts 1982, P.L.74, SEC.1.

Sec. 1.5. (a) A municipality having and operating a waterworks through a department of waterworks before January 1, 1982, under IC 19-3-15 (before its repeal on January 1, 1983) or under IC 19-3-27 (before its repeal on January 1, 1983) shall be deemed to have established a depar…

Sec. 10. (a) The board may authorize and set apart bonds equal to the amount of any secured debt or charge subject to which a waterworks may be purchased or acquired in any proceeding, and shall set aside for interest and sinking fund from the income and revenue of the waterworks…

Sec. 11. (a) The bonds and the interest issued against the special redemption fund: (1) are a valid claim of the holders only against that fund and the fixed proportion or amount of the revenues pledged to that fund; and (2) are exempt from taxation in Indiana as provided by IC 6…

Sec. 12. A board acquiring waterworks and paying for them and for extensions and betterments authorized at the time of acquisition may provide for the extension, addition, or improvement of the waterworks by an additional issue or issues of bonds. A board may issue new bonds in t…

Sec. 13. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition of the waterworks and the cost of the issuance of the bonds. (b) Any holder of the bonds or of any of the coupons attached to them may, by action or other proceeding, c…

Sec. 14. (a) This subsection applies to a municipality that is not subject to IC 8-1-2-103(c) or has not adopted an ordinance to become subject to IC 8-1-2-103(d). The reasonable cost and value of any service rendered to the municipality by the waterworks by furnishing water for …

Sec. 15. (a) If, upon investigation, the board finds: (1) that the waterworks, plant, system, or equipment is insufficient to furnish the necessary supply of water to properly protect the public health and welfare and safeguard the property within the waterworks district; or (2) …

Sec. 16. (a) All lands, rights-of-way, or other property, when acquired, either by purchase or appropriation, shall be taken and held in the name of the municipality. (b) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstranc…

Sec. 17. (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 waterworks district is located. (b) A remonstrator desiring to appeal from …

Sec. 18. (a) To procure money to pay for the required property and the 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 municipality, the special taxing district bonds of the …

Sec. 19. (a) To raise the necessary revenues to pay for the bonds issued, and interest on the bonds, the board: (1) may levy a special benefit tax upon all the property of the waterworks district in the amount necessary to meet and pay the principal of the bonds as they severally…

Sec. 2. (a) If the legislative body of a municipality, by ordinance, adopts the provisions of this chapter, there is established a department of waterworks to be controlled by a board of directors (referred to as "the board" in this chapter). The board consists of either three (3…

Sec. 3. The department of waterworks has jurisdiction over a special taxing district (referred to as "the waterworks district" in this chapter) that consists of: (1) in the case of a second class city located in a county having a population of more than one hundred eighty thousan…

Sec. 4. The board has the powers and duties prescribed by IC 8-1.5-3-4. In addition, the board: (1) may hold hearings following public notice; (2) may make findings and determinations; (3) may design, order, contract for or construct pumping plants or stations, filtration plants,…

Sec. 5. The acquisition, construction, installation, operation, and maintenance of facilities and land for water filtration and water service may be financed through proceeds from tax levies, proceeds of special taxing district bonds of the waterworks district, service rates, rev…

Sec. 6. The board may fix and set aside: (1) the proportion of the revenues of the waterworks department necessary for reasonable and proper operation and maintenance; (2) the proportion of the revenues for a proper and adequate depreciation account; and (3) the fixed proportion …

Sec. 7. (a) In fixing the proportion of the revenues of the waterworks department required for operation and maintenance, the board shall consider the cost of the operation and maintenance of the waterworks, and may not set aside into the special fund a greater amount of the reve…

Sec. 8. (a) The fixed proportion set aside for the payment of the principal and interest of the authorized bonds shall, from month to month, as accrued and received, be set apart and paid into a special account identified as "the bond and interest redemption account". (b) In fixi…

Sec. 9. (a) The proportion set aside to the depreciation account shall be expended in making good depreciation in the waterworks or in new construction, extensions, or additions to the property of the waterworks. (b) Any accumulations in the depreciation account may be invested b…

Sec. 1. One (1) or more taxpayers of any county, may petition the executive of the county for permission (at the petitioner's own expense) to improve, by grading, draining, and paving with road paving material, any unimproved public highway in the county. If the executive determi…

Sec. 2. After approval, the petitioners, at their own expense and under the direction of the county highway supervisor, shall improve the highway according to the plans, specifications, and survey. Formerly: Acts 1937, c.183, s.2. As amended by P.L.86-1988, SEC.162.

Sec. 3. When the grading, draining, and paving is completed, the county highway supervisor shall report in writing to the county executive. The executive shall then accept the improved highway. Formerly: Acts 1937, c.183, s.3. As amended by P.L.86-1988, SEC.163.