Title 8, UTILITIES AND TRANSPORTATION

Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall submit the authority's de…

Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designatio…

Sec. 13. The authority shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either: (1) the request for proposal process is terminated under section 8 of this chapter; or (2) the pub…

Sec. 2. A request for proposals issued by the authority must include the following: (1) The factors or criteria that will be used in evaluating the proposals. (2) A statement that a proposal must be accompanied by evidence of financial responsibility as considered appropriate and…

Sec. 3. Notice of a request for proposals shall be given by publication in accordance with IC 5-3-1. As added by P.L.47-2006, SEC.39.

Sec. 4. As provided in a request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. As added by P.L.47-2006, SEC.39.

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. As added by P.L.47-2006, SEC.39.

Sec. 6. (a) The authority may not disclose the contents of proposals during discussions or negotiations with eligible offerors. (b) The authority may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between…

Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors. (…

Sec. 8. (a) After the final offers from responsible offerors have been negotiated under section 7 of this chapter, the authority shall: (1) subject to a responsible offeror complying with subsection (b), make a preliminary selection of an offeror as the operator for the project, …

Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in t…

Sec. 0.5. If the governor pursues tolling on an interstate highway, the governor shall submit to the budget committee for review any: (1) request submitted to the United States Department of Transportation for a waiver to toll existing interstate highways; or (2) plan to implemen…

Sec. 1. (a) The department may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects. (b) If all or part of the project will consist of a tollway, the department shall take the following steps before the c…

Sec. 2. (a) This section establishes the competitive proposal procedure that the department shall use to enter into a public-private agreement with an operator under this article. (b) The department may pursue a competitive proposal procedure using a request for qualifications an…

Sec. 3. (a) After the procedures required in this chapter have been completed, the department shall make a determination as to whether the successful offeror should be designated as the operator for the project and shall submit its decision to the governor. (b) The governor may a…

Sec. 4. The department may pay a stipulated amount to an unsuccessful offeror that submits a responsive proposal in response to a request for proposals under this chapter, in exchange for the work product contained in that proposal. The use by the department of any design element…

Sec. 5. In addition to any other rights under this article, in connection with any procurement under this chapter, the department may: (1) withdraw a request for qualifications or a request for proposals at any time and, in its discretion, publish a new request for qualifications…

Sec. 6. (a) The department may not disclose the contents of proposals during discussions or negotiations with potential offerors. (b) The department may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations betw…

Sec. 1. (a) Notwithstanding any other statute or rule of law of the state, any mortgage executed and recorded by a public utility, as defined in IC 8-1-2-1, or by any corporation or other business entity engaged in the railroad business or the transmission of oil, gas, or petrole…

Sec. 1. The following may adopt the provisions of IC 8-4-1 for condemning real estate: (1) Before July 1, 2017, any railroad company organized under Indiana statutes but not under IC 8-4-1. (2) After June 30, 2017, a rail carrier (as defined in 49 U.S.C. 10102(5)) that is: (A) in…

Sec. 1. Whenever two (2) or more railroad companies have heretofore become associated, or shall hereafter become associated, in jointly making or running their roads under any contracts formed or to be formed by such companies, and desire to assume one (1) common name, it shall a…

Sec. 2. It shall be the duty of said companies, upon the adoption of such common name, to cause a copy of the resolution of such boards to be recorded in the recorder's offices of the different counties through which the road of said companies may run or be located; and thereafte…

Sec. 1. All railroads owned or operated in the state having more than two (2) tracks across any public highway or road, and used for switching purposes exclusively or regularly, or if only one (1) track and used for switching purposes, said railroad corporation shall, upon the or…

Sec. 2. Should said railroad corporation neglect or refuse to comply with said order, they shall forfeit and pay to the state of Indiana not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Formerly: Acts 1891, c.150, s.2.

Sec. 1. A person who operates a locomotive engine, upon any railroad in Indiana more than twenty-five (25) miles in length, without having worked or served for the preceding six (6) months as a fireman or engineer on a locomotive engine, commits a Class C infraction. Each day he …

Sec. 2. If any person shall act or serve as a conductor on a railroad train upon any railroad in the state of Indiana which is more than twenty-five (25) miles in length without, for one (1) year prior thereto, having worked or served as a brakeman or conductor on a railroad trai…

Sec. 5. Nothing in this chapter shall be construed as applying to the running or operating of engines in taking engines to or from trains at division terminals by engine hostlers, or the shifting of cars or making up trains, or doing any work appurtenant thereto to any engine-hou…

Sec. 6. The provisions of this chapter shall apply to any person, firm, corporation, lessee, or receiver who or which operates in the state of Indiana a steam railroad more than twenty-five (25) miles in length. Formerly: Acts 1913, c.43, s.6. As amended by P.L.62-1984, SEC.131.

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.

Sec. 1. The following definitions apply throughout 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 serv…

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…

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.

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 facilities by the po…

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…

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…

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 lands or property s…

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…

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 channels; (2) cleaning of channels …

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…

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…

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 hundred thousand (400,…

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 of this or…

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) may …

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…

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 an amount of m…

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…