CHAPTER 1. PORTS OF INDIANA.ORGANIZATION
IC 8-10
ARTICLE 10. PORTS
IC 8-10-1
Chapter 1. Ports of Indiana.Organization
IC 8-10-1-1
Construction of ports and economic development projects
authorized
Sec. 1. In order to promote the agricultural, industrial, and
commercial development of the state and to provide for the general
welfare by the construction and operation, in cooperation with the
federal government, or otherwise, of a modern port system with
terminal facilities to accommodate water, rail, truck, air-borne, and
other forms of transportation, the ports of Indiana is hereby
authorized and empowered to construct, maintain, and operate, in
cooperation with the federal government, or otherwise, at such
locations as shall be approved by the governor, projects, including
without limitation public ports with terminal facilities and traffic
exchange points throughout Indiana for all forms of transportation,
giving particular attention to the benefits which may accrue to the
state and its citizens from all forms of transportation, and issue
revenue bonds of the state payable solely from revenues to pay the
cost of such projects. The ports of Indiana's powers are not limited
to ports and may be exercised throughout Indiana for projects that
enhance, foster, aid, provide, or promote economic development,
public-private partnerships, and other industrial, commercial,
business, and transportation purposes.
(Formerly: Acts 1961, c.11, s.1; Acts 1963, c.395, s.1; Acts 1965,
c.224, s.1; Acts 1969, c.387, s.1; Acts 1971, P.L.88, SEC.1.) As
amended by P.L.224-2003, SEC.201 and P.L.271-2003, SEC.1;
P.L.98-2008, SEC.9.
IC 8-10-1-2
Definitions
Sec. 2. As used in this chapter, the following words and terms
shall have the following meanings, unless the context shall indicate
another or different meaning or intent:
(a) The word "commission" shall mean the commission created by
section 3(b) of this chapter, or, if said commission shall be abolished,
the board, body or commission succeeding to the principal functions
thereof, or to whom the powers given by this chapter to the
commission shall be given by law.
(b) The word "port" shall include any combination of:
(1) any place or places on Lake Michigan, the Ohio River, the
Wabash River, or other water bodies, natural or artificial, in
which water-borne vessels capable of carrying articles of
commerce over navigable bodies of water may be loaded,
unloaded, or accommodated; and
(2) nonmaritime port and traffic exchange points throughout
Indiana for the transfer of goods and passengers between all
modes of transportation.
(c) The word "project" shall include:
(1) any facilities, adjuncts, and appurtenances necessary or
useful to operate a modern port, whether or not permanently
situated at the port, including:
(A) the dredging of approaches to a port; and
(B) breakwaters, inner harbors, outer harbors, channels,
canals, turning basins, docks, wharves, piers, quays, slips,
loading, unloading, handling and storage equipment,
warehouses, refrigerating plants and equipment, elevators for
the handling and storage of grain, coal and other bulk
commodities, terminal buildings or facilities, railroad
equipment and trackage, roadways, airplane landing fields,
parking lots, garages, automotive equipment, tugs, ferries,
maintenance and construction vessels, communication
systems, sewers, drains, works for the treatment of sewage,
garbage and wastes, and the furnishing of utility service
necessary to serve the property under the jurisdiction or
control of the ports of Indiana and other buildings and
facilities which the ports of Indiana may deem necessary for
the operation of the port; and
(2) any other project located in Indiana, other than at a port, that
the ports of Indiana finds will enhance, foster, aid, provide, or
promote economic development, public-private partnerships,
and other industrial, commercial, business, and transportation
purposes.
(d) The word "cost" as applied to a port or project means:
(1) the cost of construction;
(2) the cost of acquisition of all land, rights-of-way, property,
rights, easements and interests, including lands under water and
riparian rights acquired by the ports of Indiana for construction;
(3) the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring
any lands to which buildings or structures may be moved;
(4) the cost of relocating public roads;
(5) the cost of land or easements for roads;
(6) the cost of all machinery and equipment;
(7) financing charges;
(8) interest prior to and during construction and for not
exceeding two (2) years after the estimated date of completion
of construction;
(9) the cost of engineering and legal expenses, plans,
specifications, surveys, and estimates of cost, traffic and
revenues;
(10) other expenses necessary or incident to determining the
feasibility or practicability of constructing any such project;
(11) administrative expense;
(12) other expenses as may be necessary or incident to the
acquisition or construction of the project, the financing of the
acquisition or construction, and the placing of the project in
operation, including the amount authorized in the resolution of
the commission providing for the issuance of revenue bonds to
be paid into any special funds from the proceeds of the bonds;
and
(13) any obligation, cost, or expense incurred by any
governmental agency or person for surveys, borings, the
preparation of plans and specifications, and other engineering
services, or any other cost described in this section that is
incurred in connection with the acquisition or construction of a
project may be regarded as part of the cost of the project and
may be reimbursed out of the proceeds of revenue bonds as
authorized by this chapter.
(e) The word "owner" shall include all individuals,
copartnerships, associations, or corporations having any title or
interest in any property, rights, easements, and other interests
authorized to be acquired by this chapter.
(f) The word "revenues" shall mean all fees, tolls, rentals, gifts,
grants, moneys, and all other funds coming into the possession or
under the control of the ports of Indiana by virtue of the terms and
provisions of this article, but shall not include real property or
personal property other than money, nor the proceeds from the sale
of bonds issued under provisions of this chapter.
(g) The word "public roads" shall include all public highways,
roads, and streets in the state, whether maintained by the state,
county, city, township, or other political subdivision.
(h) "Ports of Indiana" means the ports of Indiana created by
section 3(a) of this chapter.
(Formerly: Acts 1961, c.11, s.2; Acts 1965, c.224, s.2; Acts 1969,
c.387, s.2; Acts 1971, P.L.88, SEC.2.) As amended by P.L.224-2003,
SEC.202 and P.L.271-2003, SEC.2; P.L.98-2008, SEC.10.
IC 8-10-1-3
Ports of Indiana; commission membership; term of office; official
bond; compensation
Sec. 3. (a) The ports of Indiana is created as a body both corporate
and politic in the state of Indiana, and the exercise of the powers
conferred by this article in the construction, operation, and
maintenance of a port or project shall be deemed and held to be
essential governmental functions of the state.
(b) The ports of Indiana shall be governed by a commission
consisting of seven (7) members, appointed by the governor, no more
than four (4) of whom shall be members of the same political party.
The members shall be residents of the state, and shall have been
qualified electors therein for a period of at least five (5) years next
preceding their appointment. The members of the commission first
appointed shall continue in office for terms expiring, in the case of
two (2) members, on July 1, 1962, and in the case of three (3)
members, on July 1, 1963, July 1, 1964, and July 1, 1965, and the
first two (2) members appointed after January 1, 1975, shall continue
in office for terms expiring July 1, 1977, for one (1) member and
July 1, 1979, for the other member, respectively, and until their
respective successors shall be duly appointed and qualified. The term
of any member of the commission first appointed shall be designated
by the governor. The successor of each such member shall be
appointed for a term of four (4) years, except that any person
appointed to fill a vacancy shall be appointed to serve only for the
unexpired term and until a successor is duly appointed and qualified,
and a member of the commission shall be eligible for reappointment.
The governor may at any time remove any member of the
commission for misfeasance, nonfeasance, or malfeasance in office.
The members of the commission shall, within ten (10) days after
their appointment, meet and qualify by subscribing an oath to
discharge honestly and faithfully the duties of their office as
members of the commission. The commission shall elect one (1) of
the members as chairman and another as vice-chairman, and shall
appoint a secretary-treasurer who need not be a member of the
commission. Four (4) members of the commission shall constitute a
quorum, and the affirmative vote of four (4) members shall be
necessary for any official action taken by the commission. A vacancy
in the membership of the commission does not impair the rights of
a quorum to exercise all the rights and perform all the duties of the
commission.
(c) Before the issuance of any revenue bonds under the provisions
of this article:
(1) each appointed member of the commission;
(2) the secretary-treasurer; and
(3) any other employee or agent of the ports of Indiana
authorized by resolution of the commission to handle funds or
sign checks;
shall give a surety bond to the state in the penal sum of fifty thousand
dollars ($50,000). Each such surety bond must be conditioned upon
the faithful performance of the individual's duties, to be executed by
a surety company authorized to transact business in the state as
surety and to be approved by the governor and filed in the office of
the secretary of state.
(d) Each appointed member of the commission shall receive an
annual salary of seven thousand five hundred dollars ($7,500),
payable in monthly instalments.
(e) Each member shall be reimbursed for the member's actual
expenses necessarily incurred in the performance of the member's
duties.
(f) All expenses incurred in carrying out the provisions of this
article shall be payable solely from funds provided under the
authority of this article and no liability or obligation shall be incurred
by the ports of Indiana hereunder beyond the extent to which moneys
shall have been provided under the authority of this article.
(g) The commission:
(1) is responsible for implementing the powers and duties of the
ports of Indiana under this article; and
(2) may adopt bylaws for the regulation of the affairs of the
commission and the conduct of the business of the ports of
Indiana.
The commission may delegate to staff, including the chief executive,
such administrative functions as the commission deems necessary or
desirable to accomplish the purposes of the ports of Indiana under
this article. The chief executive may delegate the chief executive's
authority to the appropriate staff.
(Formerly: Acts 1961, c.11, s.3; Acts 1975, P.L.84, SEC.1.) As
amended by P.L.224-2003, SEC.203 and P.L.271-2003, SEC.3;
P.L.235-2005, SEC.109; P.L.98-2008, SEC.11.
IC 8-10-1-4
Bonds; payment
Sec. 4. Revenue bonds issued under the provisions of this article:
(1) do not constitute a debt of the ports of Indiana, the state, or
any political subdivision of the state, or a pledge of the faith
and credit of the ports of Indiana, the state, or any political
subdivision of the state;
(2) are payable solely from the funds pledged for their payment
as authorized in this article, unless the bonds are refunded by
refunding bonds issued under the provisions of this chapter,
which shall be payable solely from funds pledged for their
payment as authorized in this article; and
(3) must contain on their face a statement to the effect that the
bonds, as to both principal and interest, are not an obligation of
the ports of Indiana, the state, or of any political subdivision of
the state, but are payable solely from revenues pledged for their
payment.
All expenses incurred in carrying out the provisions of this article are
payable solely from funds provided under the authority of this article
and nothing in this article shall be construed to authorize the ports of
Indiana to incur indebtedness or liability on behalf of or payable by
the state or any political subdivision of the state.
(Formerly: Acts 1961, c.11, s.4.) As amended by P.L.66-1984,
SEC.1; P.L.224-2003, SEC.204 and P.L.271-2003, SEC.4;
P.L.232-2005, SEC.5; P.L.98-2008, SEC.12.
IC 8-10-1-4.5
Certain pledges prohibited
Sec. 4.5. Except as specifically authorized by the general
assembly, the ports of Indiana may not pledge, in any form, to:
(1) seek funding from the state in the event of any default in the
payment of revenue bonds; or
(2) specify, in any form, in an agreement related to revenue
bonds that money appropriated by the general assembly may or
shall be deposited in a debt service fund or reserve fund for the
revenue bonds.
As added by P.L.224-2003, SEC.205 and P.L.271-2003, SEC.5.
Amended by P.L.98-2008, SEC.13.
IC 8-10-1-5
Ports and projects; cooperation with other entities; title to
property
Sec. 5. (a) The ports of Indiana may:
(1) prepare sketches, plans, and descriptive material relating to
ports or projects, as in its discretion may seem feasible, to
compile data and prepare literature as to the necessity or
advisability thereof, and to do other acts and things it considers
necessary to promote the ports or projects and deems to be in
the public interest;
(2) carry on, in its discretion, negotiations and enter into
agreements and contracts with the federal government or
agencies of the federal government or an authority established
under IC 36-7-23 for the building and construction of public
ports including terminal facilities, to be located within Indiana,
on Lake Michigan, the Ohio River, the Wabash River, or in
waters adjacent to Indiana;
(3) locate and acquire suitable sites for ports or projects;
(4) construct, develop, maintain, and operate the same in
cooperation with the federal government, any agency of the
federal government, a corporation established under IC 36-7-23,
or otherwise, in such a manner and on such terms as will, in the
discretion of the ports of Indiana, best serve the commercial,
industrial, and agricultural interests of the state;
(5) provide adequate port and terminal facilities to
accommodate water, rail, truck, and airborne transportation; and
(6) provide a traffic exchange point for all forms of
transportation, giving particular attention to the benefits which
may accrue to the state and its citizens by the opening of the St.
Lawrence Seaway and river transportation.
(b) The title to all property included in any port or project shall be
taken in the name of, and shall be in, the state of Indiana.
(Formerly: Acts 1961, c.11, s.5; Acts 1963, c.395, s.2; Acts 1965,
c.224, s.3; Acts 1969, c.387, s.3; Acts 1971, P.L.88, SEC.3.) As
amended by P.L.346-1989(ss), SEC.5; P.L.224-2003, SEC.206 and
P.L.271-2003, SEC.6; P.L.98-2008, SEC.14.
IC 8-10-1-6
Repealed
(Repealed by P.L.1-1989, SEC.75.)
IC 8-10-1-7
Powers and duties
Sec. 7. The ports of Indiana is authorized and empowered to do
the following:
(1) To adopt an official seal which shall not be the seal of the
state of Indiana.
(2) To maintain a principal office and sub-offices at such place
or places within the state as it may designate.
(3) To sue and be sued, and to plead and be impleaded in the
name of the ports of Indiana. However, actions at law against
the ports of Indiana shall be brought in the circuit court of the
county in which the principal office of the ports of Indiana is
located or in the circuit court of the county in which the cause
of action arose, if the county is located within the state. All
summonses and legal notices of every kind shall be served on
the ports of Indiana by leaving a copy thereof at the principal
office of the ports of Indiana with the person in charge thereof
or with the secretary of the ports of Indiana. However, no such
action shall be deemed commenced until a copy of the summons
and complaint, cross complaint, petition, bill, or pleading is
served upon the attorney general of Indiana.
(4) To acquire, lease, construct, maintain, repair, police, and
operate a port or project as provided in this chapter, and to
establish rules and regulations for the use of the port or project,
and other property subject to the jurisdiction and control of the
ports of Indiana.
(5) To issue both taxable and tax exempt revenue bonds of the
state, payable solely from revenues, as herein provided, for the
purpose of paying all or any part of the cost of a port or project.
(6) To acquire, lease, and operate tug boats, locomotives, and
any and every kind of motive power and conveyances or
appliances necessary or proper to carry passengers, goods,
wares, merchandise, or articles of commerce in, on, or around
the port or project.
(7) To fix and revise from time to time and to collect fees,
rentals, tolls, and other charges for the use of any port or
project.
(8) To acquire, obtain option on, hold, and dispose of real and
personal property in the exercise of its powers and the
performance of its duties under this chapter.
(9) To designate the location and establish, limit, and control
points of ingress to and egress from a port or project.
(10) To lease to others for development or operation such
portions of any port or project, on such terms and conditions as
the ports of Indiana shall deem advisable.
(11) To make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of its
duties and the execution of its powers under this chapter. When
the cost of any such contract for construction, or for the
purchase of equipment, materials, or supplies, involves an
expenditure of more than twenty-five thousand dollars
($25,000), the ports of Indiana shall make a written contract
with the lowest and best bidder after advertisement for not less
than two (2) consecutive weeks in a newspaper of general
circulation in the county where the construction will occur and
in such other publications as the ports of Indiana shall
determine. The notice shall state the general character of the
work and the general character of the materials to be furnished,
the place where plans and specifications therefor may be
examined, and the time and place of receiving bids. Each bid
shall contain the full name of every person or company
interested in it and shall be accompanied by a sufficient bond or
certified check on a solvent bank that if the bid is accepted a
contract will be entered into and the performance of its proposal
secured. The ports of Indiana may reject any and all bids. A
bond with good and sufficient surety as shall be approved by
the ports of Indiana shall be required of all contractors in an
amount equal to at least fifty percent (50%) of the contract price
conditioned upon the faithful performance of the contract.
(12) To construct, assemble, or otherwise build, own, lease,
operate, manage, or otherwise control any project throughout
Indiana for the purpose of promoting economic growth and
development throughout Indiana, retaining existing employment
within Indiana, and attracting new employment opportunities
within Indiana.
(13) To employ a chief executive, consulting engineers,
superintendents, and such other engineers, construction and
accounting experts, attorneys, and other employees and agents
as may be necessary in its judgment, and to fix their
compensation and title, but no compensation of any employee
of the ports of Indiana shall exceed the compensation of the
highest paid officer or employee of the state.
(14) To receive and accept from any federal agency grants for
or in aid of the construction of any port or project, and to
receive and accept aid or contributions from any source of
either money, property, labor, or other things of value, to be
held, used, and applied only for the purposes for which such
grants and contributions may be made.
(15) To provide coverage for its employees under the provisions
of IC 22-3-2 through IC 22-3-6, and IC 22-4.
(16) To do all acts and things necessary or proper to carry out
the powers expressly granted in this article.
(17) To hold, use, administer, and expend such sum or sums as
may herein or hereafter be appropriated or transferred to the
ports of Indiana.
(Formerly: Acts 1961, c.11, s.7; Acts 1963, c.395, s.3.) As amended
by Acts 1977, P.L.108, SEC.1; P.L.18-1987, SEC.8; P.L.56-1994,
SEC.1; P.L.224-2003, SEC.207 and P.L.271-2003, SEC.7;
P.L.98-2008, SEC.15.
IC 8-10-1-7.1
Code of ethics
Sec. 7.1. (a) The ports of Indiana shall:
(1) adopt:
(A) rules under IC 4-22-2; or
(B) a policy;
establishing a code of ethics for its employees; or
(2) decide it wishes to be under the jurisdiction and rules
adopted by the state ethics commission.
(b) A code of ethics adopted by rule or policy under this section
must be consistent with state law and approved by the governor.
As added by P.L.5-1996, SEC.10. Amended by P.L.98-2008, SEC.16.
IC 8-10-1-7.5
Public fishing areas
Sec. 7.5. The department of natural resources may establish and
maintain, within all ports created under this chapter and in operation
on July 1, 1975, areas for the use of the citizens of this state for
public fishing from the shore. The ports of Indiana shall cooperate
fully with the department of natural resources in the implementation
of this section. However, if the site of any public fishing area
established under this section is subsequently leased to others for
agricultural, industrial, or commercial purposes, or if required to
maintain port security, the ports of Indiana may limit or halt public
fishing in that area.
(Formerly: Acts 1975, P.L.85, SEC.1.) As amended by P.L.98-2008,
SEC.17.
IC 8-10-1-8
Relocation, reconstruction, or removal of roads, railroads, or
public utility facilities; damages
Sec. 8. If the ports of Indiana shall find it necessary to change the
location of any portion of any public road, highway, railroad, or
public utility facility, the ports of Indiana shall cause the same to be
reconstructed at such location as the division of government having
jurisdiction over such road, highway, railroad or public utility facility
shall deem most favorable and of substantially the same type and in
as good condition as the original road, highway, or railroad or public
utility facility. The cost of such reconstruction, relocation, or
removal and any damage incurred in changing the location of any
such road, highway, railroad, or public utility facility, shall be
ascertained and paid by the ports of Indiana as a part of the cost of
the port or project. The ports of Indiana shall have authority to
petition the circuit court of the county wherein is situated any public
road or part thereof, affected by the location therein of any port or
project, for the vacation or relocation of such road or any part thereof
with the same force and effect as statutes in effect on March 2, 1961,
to the inhabitants of any municipality or governmental subdivision
of the state. The proceedings upon such petition, whether it be for the
appointment of appraisers or otherwise, shall be the same as provided
by statutes in effect on March 2, 1961, for similar proceedings upon
such petitions. In addition to the foregoing powers, the ports of
Indiana and the authorized agents and employees of the ports of
Indiana after proper notice, may enter upon any lands, waters, and
premises in the state for the purpose of making surveys, soundings,
drillings, and examinations as are necessary or proper for the
purposes of this article, and such entry shall not be deemed a
trespass, nor shall an entry for such purpose be deemed an entry
under any condemnation proceedings which may be then pending;
provided, that before entering upon the premises of any railroad,
notice shall be given to the superintendent of such railroad involved
at least five (5) days in advance of such entry, and provided, that no
survey, sounding, drilling, and examination shall be made between
the rails, or so close to a railroad track, as would render said track
unusable. The ports of Indiana shall make reimbursement for any
actual damage resulting to such lands, waters, and premises and to
private property located in, on, along, over, or under such lands,
waters and premises, as a result of such activities. The state of
Indiana, subject to the approval of the governor, hereby consents to
the use of lands owned by the state of Indiana, including lands lying
under water and riparian rights, which are necessary or proper for the
construction or operation of any port or project, provided adequate
compensation is made for such use. The ports of Indiana shall also
have power to make reasonable regulations for the installation,
construction, maintenance, repair, renewal, relocation, and removal
of tracks, pipes, mains, conduits, cables, wires, towers, poles, and
other equipment and appliances (referred to in this section as "public
utility facilities") of any public utility in, on, along, over, or under
any port or project. Whenever the ports of Indiana shall determine
that it is necessary that any such public utility facilities which are, on
or after March 2, 1961, located in, on, along, over, or under any port
or project should be relocated or should be removed from the port or
project, the public utility owning or operating such facilities shall
relocate or remove the same in accordance with the order of the ports
of Indiana. However, the cost and expenses of such relocation or
removal, including the cost of installing such facilities in a new
location or new locations, and the cost of any lands, or any rights or
interests in lands, and any other rights, acquired to accomplish such
relocation or removal, shall be ascertained and paid by the ports of
Indiana as a part of the cost of the port or project, excepting,
however, cases in which such equipment or facilities are located
within the limits of highways or public thoroughfares being
constructed, reconstructed, or improved under the provisions of this
chapter. In case of any such relocation or removal of facilities, the
public 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 terms and conditions, as the public utility
had the right to maintain and operate such facilities in their former
location or locations subject, however, to the state's right of
regulation under its police powers.
(Formerly: Acts 1961, c.11, s.8.) As amended by P.L.66-1984,
SEC.3; P.L.224-2003, SEC.208 and P.L.271-2003, SEC.8;
P.L.98-2008, SEC.18.
IC 8-10-1-9
Rules and regulations; adoption; publication; access by public
officers; violation; offense
Sec. 9. (a) The ports of Indiana shall have power to adopt such
by-laws, rules and regulations as the ports of Indiana may deem
advisable for the control and regulation of any port or project or
traffic on any port or project, for the protection of and preservation
of property under its jurisdiction and control, and for the
maintenance and preservation of good order within the property
under its control, and such by-laws, rules and regulations shall be
published in a newspaper of general circulation in Marion County,
Indiana, and in such other manner as the ports of Indiana shall
prescribe; however, such rules and regulations shall provide that
public officers shall be afforded ready access, while in performance
of their official duty, to all property under the jurisdiction or control
of the ports of Indiana without the payment of tolls.
(b) Such rules and regulations adopted under this section shall be
adopted under IC 4-22-2.
(c) A person who violates a rule or regulation of the ports of
Indiana commits a Class C infraction.
(Formerly: Acts 1961, c.11, s.9.) As amended by Acts 1976, P.L.28,
SEC.2; Acts 1978, P.L.2, SEC.839; Acts 1980, P.L.75, SEC.1;
P.L.224-2003, SEC.209 and P.L.271-2003, SEC.9; P.L.98-2008,
SEC.19.
IC 8-10-1-10
Property acquisition, management, and disposition
Sec. 10. (a) The ports of Indiana is hereby authorized and
empowered to acquire by purchase whenever the ports of Indiana
shall deem such purchase expedient, any land, property, rights, rights
of way, franchises, easements, and other interests in lands, including
lands under water and riparian rights, as the ports of Indiana may
deem necessary or convenient for the construction and operation of
any port or project, upon such terms and at such price as may be
considered by the ports of Indiana to be reasonable and can be agreed
upon between the ports of Indiana and the owner thereof, and to take
title thereto in the name of the state.
(b) The ports of Indiana is hereby further authorized and
empowered to sell, transfer, and convey any such land or any interest
therein so acquired, or any portion thereof, when the same shall no
longer be needed for such purposes. The ports of Indiana is further
authorized and empowered to transfer and convey any such lands or
interest therein as may be necessary or convenient for the
construction and operation of any port or project, or as otherwise
required under the provisions of this article. However, no such sale
shall be made without first obtaining the approval of the governor,
and a sale may not be made at less than the appraised value
established by three (3) independent appraisers appointed by the
governor. The ports of Indiana shall be authorized to restrict the use
of any land so sold by the ports of Indiana and provide for a
reversion to the ports of Indiana in the event the land shall not be
used for the purpose represented by the purchaser, and such
restrictions and reversions shall be set out in appropriate covenants
in the deeds of conveyance, which deeds shall be subject to the
approval of the governor.
(c) The ports of Indiana shall also be authorized to lease, or grant
options to lease, to others for development any portion of the land
owned by the ports of Indiana, on such terms as the ports of Indiana
shall determine to be advantageous. All such leases or options to
lease which leases cover a period of more than four (4) years shall be
subject to the approval of the governor. Leases of lands under the
jurisdiction or control of the ports of Indiana shall be made only for
such uses and purposes as are calculated to contribute to the growth
and development of ports, terminal facilities, and projects under the
jurisdiction or control of the ports of Indiana. In the event the ports
of Indiana shall lease to others a building or structure financed by the
issuance of revenue bonds under IC 8-10-4, the transaction must be
structured as a self-liquidating or nonrecourse project (as defined in
IC 8-10-4-1).
(d) No tenant, lessee, licensee, owner of real estate located within
a port or project, or other person or entity has any right, claim, title,
or interest in any real estate, personal property, or common property
owned by the ports of Indiana, a port, a project, or the state, unless
a written agreement entered into by the ports of Indiana expressly
provides:
(1) the exact nature and extent of the right, claim, title, or
interest;
(2) all the conditions under which the right, claim, title, or
interest is granted; and
(3) a legal or complete description of the specific property.
(Formerly: Acts 1961, c.11, s.10; Acts 1972, P.L.66, SEC.1.) As
amended by P.L.224-2003, SEC.210 and P.L.271-2003, SEC.10;
P.L.232-2005, SEC.6; P.L.98-2008, SEC.20.
IC 8-10-1-11
Eminent domain; taking or disturbing property or facilities of
public utility or common carrier
Sec. 11. The ports of Indiana is hereby authorized and empowered
to acquire by appropriation, under the provisions of the eminent
domain law of the state, any land, including lands under water and
riparian rights, property, rights, rights-of-way, franchises, easements
or other property necessary or proper for the construction or the
efficient operation of any port or project. The ports of Indiana shall
also be empowered to exercise such powers of eminent domain as
may be conferred upon the ports of Indiana by an act of Congress of
the United States now in force, or which may hereafter be enacted.
Title to the property condemned shall be taken in the name of the
state of Indiana. Nothing herein shall authorize the ports of Indiana
to take or disturb property or facilities constituting all or part of any
presently existing or operating public port and nothing herein shall
authorize the ports of Indiana to take or disturb property or facilities
belonging to any public utility or to a common carrier engaged in
interstate commerce, which property or facilities are required for the
proper and convenient operation of such public utility or common
carrier, unless provision is made for the restoration, relocation or
duplication of such property or facilities elsewhere at the sole cost of
the ports of Indiana excepting however, cases in which such
equipment or facilities are located within the limits of existing
highways or public thoroughfares.
(Formerly: Acts 1961, c.11, s.11.) As amended by P.L.224-2003,
SEC.211 and P.L.271-2003, SEC.11; P.L.98-2008, SEC.21.
IC 8-10-1-12
Indiana port fund; creation and administration
Sec. 12. (a) A special and distinct revolving fund is hereby
created, to be known as the Indiana port fund. Expenditures from
said fund shall be made only for the following:
(1) Acquisition of land, including lands under water and
riparian rights, or options for the purchase of such land for a
port or project site, and incidental expenses incurred in
connection with such acquisition.
(2) Studies in connection with the port or project.
(3) Studies in connection with transportation by water,
intermodal transportation, and other modes of transportation.
(4) Transfers to the fund established by IC 14-13-2-19 to carry
out the purposes of IC 14-13-2.
(5) Administrative expenses of the ports of Indiana.
The fund shall be held in the name of the ports of Indiana, shall be
administered by the ports of Indiana, and all expenditures therefrom
shall be made by the ports of Indiana, subject, however, to the
approval by governor and the budget committee of all expenditures
of moneys advanced to said fund by the state of Indiana. Requests for
such approval shall be made in such form as shall be prescribed by
the budget committee, but expenditures for acquisition of land
including lands under water and riparian rights, or options for the
purchase of such land, shall be specifically requested and approved
as to the land to be acquired and the amount to be expended. No
transfers from said fund to any other fund of the state shall be made
except pursuant to legislative action.
(b) Upon the sale of revenue bonds for any port or project, the
funds expended from the Indiana port fund in connection with the
development of such port or project and any obligation or expense
incurred by the ports of Indiana for surveys, preparation of plans and
specifications, and other engineering or other services in connection
with development of such port or project shall be reimbursed to the
state general fund from the proceeds of such bonds.
(Formerly: Acts 1961, c.11, s.12.) As amended by P.L.66-1984,
SEC.4; P.L.165-2003, SEC.1; P.L.224-2003, SEC.212 and
P.L.271-2003, SEC.12; P.L.97-2004, SEC.36; P.L.98-2008, SEC.22.
IC 8-10-1-13
Revenue bonds; terms and form; negotiability; governor approval
required
Sec. 13. (a) Subject to the approval of the governor, the ports of
Indiana is hereby authorized to provide by resolution of the
commission, at one (1) time or from time to time, for the issuance of
revenue bonds of the state for the purpose of paying all or any part
of the cost of a port or project under this chapter or IC 8-10-4. The
principal of and the interest on such bonds shall be payable solely
from the revenues specifically pledged to the payment thereof. The
bonds of each issue shall be dated, shall bear interest at any rate,
shall mature at such time or times not exceeding thirty-five (35)
years from the date thereof, as may be determined by the ports of
Indiana, and may be made redeemable before maturity, at the option
of the ports of Indiana, at such price or prices and under such terms
and conditions as may be fixed by the ports of Indiana in the
authorizing resolution.
(b) The ports of Indiana shall determine the form of the bonds,
including any interest coupons to be attached thereto, and shall fix
the denomination or denominations of the bonds and the place or
places of payment of principal and interest which may be at any bank
or trust company within or without the state.
(c) The bonds shall be signed in the name of the ports of Indiana
by the chairman or vice chairman of the commission or chief
executive of the ports of Indiana, or by the facsimile signature of the
chairman or vice chairman of the commission or chief executive of
the ports of Indiana and the official seal of the ports of Indiana or
facsimile thereof, shall be affixed thereto and attested by the
secretary-treasurer of the commission, and any coupons attached
thereto shall bear the facsimile signature of the chairman of the
commission. In case any officer whose signature or a facsimile of
whose signature shall appear on any bonds or coupons shall cease to
be such officer before the delivery of such bonds, such signature or
such facsimile shall nevertheless be valid and sufficient for all
purposes the same as if the officer had remained in office until such
delivery.
(d) All bonds issued under this article shall have and are hereby
declared to have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state of
Indiana.
(e) The bonds may be issued in coupon or in registered form, or
both, as the ports of Indiana may determine, and provision may be
made for the registration of any coupon bonds as to principal alone
and also as to both principal and interest, and for the reconversion
into coupon bonds of any bonds registered as to both principal and
interest.
(f) The bonds shall be sold at public sale in accordance with
IC 21-32-3, except as provided in IC 8-10-4.
(g) No action to contest the validity of any bonds issued by the
ports of Indiana under this article shall be commenced more than
thirty (30) days following the adoption of the resolution approving
the bonds as provided in this article.
(h) The ports of Indiana shall cooperate with and use the
assistance of the Indiana finance authority established under
IC 4-4-11 in the issuance of the bonds under this chapter or
IC 8-10-4.
(Formerly: Acts 1961, c.11, s.13.) As amended by Acts 1981, P.L.11,
SEC.51; P.L.224-2003, SEC.213 and P.L.271-2003, SEC.13;
P.L.235-2005, SEC.110; P.L.2-2007, SEC.135; P.L.98-2008,
SEC.23.
IC 8-10-1-14
Use of proceeds of revenue bonds; replacement of lost or destroyed
bonds
Sec. 14. The proceeds of the bonds of each issue shall be used
solely for the payment of the cost of the port or project for which
such bonds shall have been issued, and shall be disbursed in such
manner and under such restrictions, if any, as the ports of Indiana
may provide in the resolution authorizing the issuance of such bonds
or in the trust agreement mentioned in this chapter securing the same.
If the proceeds of the bonds of any issue, by error of estimates or
otherwise, shall be less than such cost, additional bonds may in like
manner be issued to provide the amount of such deficit, and, unless
otherwise provided in the resolution authorizing the issuance of such
bonds or in the trust agreement securing the same, shall be deemed
to be of the same issue and shall be entitled to payment from that
same fund without preference or priority of the bonds first issued. If
the proceeds of the bonds of any issue shall exceed the cost of the
port or project for which the same shall have been issued, the surplus
shall be deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the ports of Indiana may,
under like restrictions, issue interim receipts or temporary bonds,
with or without coupons, exchangeable for definitive bonds when
such bonds shall have been executed and are available for delivery.
The ports of Indiana may also provide for the replacement of any
bonds which shall become mutilated or shall be destroyed or lost.
Bonds and any other instruments or the security for the bonds and
other instruments that are authorized by this article may be issued
under the provisions of this article without obtaining the consent of
any officer, department, division, commission, board, bureau, or
agency of the state, and without any other proceedings or the
happening of any other conditions or things than those proceedings,
conditions, or things which are specifically required by this chapter.
(Formerly: Acts 1961, c.11, s.14.) As amended by P.L.66-1984,
SEC.5; P.L.224-2003, SEC.214 and P.L.271-2003, SEC.14;
P.L.98-2008, SEC.24.
IC 8-10-1-15
Refunding bonds
Sec. 15. The ports of Indiana is hereby authorized to provide by
resolution for the issuance of refunding bonds of the state payable
solely from revenues for the purpose of refunding any bonds then
outstanding which shall have been issued under the provisions of
section 13 of this chapter or IC 8-10-4-2, including the payment of
any redemption premium thereon and any interest accrued or to
accrue to the date of redemption of such bonds, and, if deemed
advisable by the ports of Indiana, for the additional purpose of
constructing improvements, extensions, or enlargements of the port
or project in connection with which the bonds to be refunded shall
have been issued. The issuance of such bonds, the maturities and
other details thereof, the rights of the holders thereof and the rights,
duties and obligations of the ports of Indiana in respect of the same,
shall be governed by the provisions of this article insofar as the same
may be applicable.
(Formerly: Acts 1961, c.11, s.15.) As amended by P.L.66-1984,
SEC.6; P.L.224-2003, SEC.215 and P.L.271-2003, SEC.15;
P.L.98-2008, SEC.25.
IC 8-10-1-16
Trust agreements; pledge or assignment of revenues
Sec. 16. In the discretion of the ports of Indiana any bonds issued
under the provisions of this act may be secured by a trust agreement
by and between the ports of Indiana and a corporate trustee, which
may be any trust company or bank having the powers of a trust
company within the state, except as provided in IC 8-10-4. Any
resolution adopted by the commission providing for the issuance of
revenue bonds and any trust agreement pursuant to which such bonds
are issued may pledge or assign all or any portion of the revenues
received or to be received by the ports of Indiana except such part as
may be necessary to pay the cost of the ports of Indiana's
administrative expenses, operation, maintenance and repair and to
provide reserves therefor and depreciation reserves required by any
bond resolution adopted or trust agreement executed by the ports of
Indiana, but the ports of Indiana shall not convey or mortgage any
port or project or any part thereof, except for self liquidating or
nonrecourse projects under IC 8-10-4. In authorizing the issuance of
bonds for any particular port or project, the ports of Indiana may
limit the amount of such bonds that may be issued as a first lien and
charge against the revenues pledged to the payment of such bonds or
the ports of Indiana may authorize the issuance from time to time
thereafter of additional bonds secured by the same lien to provide
funds for the completion of the port or project on account of which
the original bonds were issued, or to provide funds to pay the cost of
additional projects undertaken in connection with the development
of the port or project, or for both such purposes. Such additional
bonds shall be issued on such terms and conditions as may be
provided in the bond resolution or resolutions adopted by the
commission and in the trust agreement or any agreement
supplemental thereto and may be secured equally and ratably without
preference, priority, or distinction with the original issue of bonds or
may be made junior thereto. Any pledge or assignment made by the
ports of Indiana pursuant hereto shall be valid and binding from the
time that the pledge or assignment is made and the revenues so
pledged and thereafter received by the ports of Indiana shall
immediately be subject to the lien of such pledge or assignment
without physical delivery thereof or further act. The lien of such
pledge or assignment shall be valid and binding against all parties
having claims of any kind in tort, contract or otherwise against the
ports of Indiana irrespective of whether such parties have notice
thereof. Neither the resolution nor any trust agreement by which a
pledge is created or assignment made need be filed or recorded
except in the records of the ports of Indiana. Any such trust
agreement or any resolution providing for the issuance of such bonds
may contain such provisions for protecting and enforcing the rights
and remedies of the bondholders as may be reasonable and proper
and not in violation of law, including, but not limited to, covenants
setting forth the duties of the ports of Indiana in relation to the
acquisition of property and the construction, improvement,
maintenance, repair, operation, and insurance of the port or project
in connection with which such bonds shall have been authorized, the
rates of fees, tolls, rentals, or other charges, to be collected for the
use of the project, and the custody, safeguarding, and application of
all moneys, and provisions for the employment of consulting
engineers in connection with the construction or operation of such
project. It shall be lawful for any bank or trust company incorporated
under the laws of the state which may act as depository of the
proceeds of bonds or other funds of the ports of Indiana, to furnish
such indemnifying bonds or to pledge such securities as may be
required by the ports of Indiana. Any such trust agreement may set
forth the rights and remedies of the bondholders and of the trustee,
and may restrict the individual right of action by bondholders as is
customary in trust agreements or trust indentures securing bonds or
debentures of private corporations. In addition to the foregoing, any
such trust agreement may contain such other provisions as the ports
of Indiana may deem reasonable and proper for the security of the
bondholders. All expenses incurred in carrying out the provisions of
any such trust agreement may be treated as a part of the cost of the
operation of the port or project.
(Formerly: Acts 1961, c.11, s.16.) As amended by P.L.224-2003,
SEC.216 and P.L.271-2003, SEC.16; P.L.232-2005, SEC.7;
P.L.98-2008, SEC.26.
IC 8-10-1-17
Rates and charges; fixing; surplus net revenues; disposition
Sec. 17. The ports of Indiana shall be authorized to fix, review,
charge, and collect fees, tolls, rentals, and other charges for the use
of the ports, projects, terminal facilities, and lands under the
jurisdiction or control of the ports of Indiana or services rendered by
the ports of Indiana, and the aggregate thereof shall provide revenues
at least sufficient to pay the cost of operation, maintenance, and
repair of the port or project and terminal facilities, including the
administration expenses of the ports of Indiana, and in case revenue
bonds are issued, sufficient to pay the interest on and principal of the
bonds in accordance with their terms, and also sufficient to establish
and maintain reserves created for all such purposes and for
depreciation purposes. The fixing and collection of such fees, tolls,
rentals and other charges and the expenditure of the revenues derived
therefrom shall not be subject to the supervision or regulation by any
other officer, commission, board, bureau, or agency of the state.
After such bonds have been fully paid and discharged and all
obligations under any trust agreement securing the same have been
performed or satisfied, any remaining surplus net revenues and all
surplus net revenues thereafter derived from the operation of the port
or project shall be paid into the state general fund.
(Formerly: Acts 1961, c.11, s.17.) As amended by P.L.224-2003,
SEC.217 and P.L.271-2003, SEC.17; P.L.98-2008, SEC.27.
IC 8-10-1-18
Disposition of revenues
Sec. 18. All money received pursuant to the authority of this
chapter, whether as proceeds from the sale of bonds, from revenues,
or otherwise, shall be deemed to be trust funds to be held and applied
solely as provided in this chapter, but prior to the time when needed
for use may be invested to the extent and in the manner provided by
IC 5-13-10.5, insofar as applicable. Such funds shall be kept in
depositories designated as depositories for funds of the state as
selected by the ports of Indiana, in the manner provided by the
governing statutes in so far as applicable. The resolution of the
commission authorizing the issuance of bonds or the trust agreement
securing such bonds shall provide that any officer to whom, or any
bank or trust company to which, such money shall be entrusted, shall
act as trustee of such money and shall hold and apply the same for
the purposes hereof, subject to the provisions of this chapter and of
the authorizing resolution or trust agreement.
(Formerly: Acts 1961, c.11, s.18.) As amended by P.L.66-1984,
SEC.7; P.L.19-1987, SEC.24; P.L.18-1996, SEC.28; P.L.98-2008,
SEC.28.
IC 8-10-1-19
Mandamus or other action compelling compliance with law
Sec. 19. Any holder of bonds issued under the provisions of this
chapter or any of the coupons appertaining thereto, and the trustee
under any trust agreement, except to the extent the rights given in
this chapter may be restricted by the authorizing resolution or trust
agreement, may, either at law or in equity, by suit, action, mandamus,
or other proceedings, protect and enforce any and all rights under the
statutes of the state or granted under this chapter or under such trust
agreement, or the resolution authorizing the issuance of such bonds,
and may enforce and compel the performance of all duties required
by this chapter or by such trust agreement or resolution to be
performed by the ports of Indiana or by any officer thereof, including
the fixing, charging, and collecting of fees, tolls, rentals, or other
charges for the use of the port or project.
(Formerly: Acts 1961, c.11, s.19.) As amended by P.L.66-1984,
SEC.8; P.L.224-2003, SEC.218 and P.L.271-2003, SEC.18;
P.L.98-2008, SEC.29.
IC 8-10-1-20
Operation, policing, and maintenance of projects
Sec. 20. Each port or project, as defined in section 2 of this
chapter, when constructed and placed in operation shall be
maintained and kept in good condition and repair by the ports of
Indiana. Each such project shall also be policed and operated by such
force of police, tolltakers, and other operating employees as the ports
of Indiana may in its discretion employ. All public or private
property damaged or destroyed in carrying out the powers granted by
this chapter shall be restored or repaired and placed in its original
condition as nearly as practicable or adequate compensation made
therefor out of funds provided under the authority of this chapter.
(Formerly: Acts 1961, c.11, s.20.) As amended by P.L.66-1984,
SEC.9; P.L.224-2003, SEC.219 and P.L.271-2003, SEC.19;
P.L.98-2008, SEC.30.
IC 8-10-1-21
Political subdivisions; lease, grant, or conveyance of property to
ports of Indiana
Sec. 21. All counties, cities, towns, townships, and other political
subdivisions and all public agencies and commissions of the state,
notwithstanding any contrary provision of law, are hereby authorized
and empowered to lease, lend, grant, or convey to the ports of
Indiana at its request upon such terms and conditions as the proper
authorities of such counties, cities, towns, townships, other political
subdivisions or public agencies and commissions of the state may
deem reasonable and fair and without the necessity for an
advertisement, order of court, or other action or formality, other than
the regular and formal action of the authorities concerned, any real
or personal property owned by any such municipality or
governmental subdivision which may be necessary or convenient to
the effectuation of the authorized purposes of the ports of Indiana.
(Formerly: Acts 1961, c.11, s.21.) As amended by P.L.224-2003,
SEC.220 and P.L.271-2003, SEC.20; P.L.98-2008, SEC.31.
IC 8-10-1-22
Audit of books and accounts; annual report
Sec. 22. (a) The ports of Indiana shall cause an audit of its books
and accounts to be made at least once each year by certified public
accountants, and the cost thereof may be treated as a part of the cost
of construction or of operations of the ports and projects of the ports
of Indiana. The accounts, books, and records of the ports of Indiana
shall be audited annually by the state board of accounts, and the cost
of such audit may be treated as a part of the cost of construction or
of operations of the ports and projects of the ports of Indiana.
(b) The ports of Indiana shall, following the close of each fiscal
year, submit an annual report of its activities for the preceding year
to the governor, the budget committee, and the general assembly. An
annual report submitted under this section to the general assembly
must be in an electronic format under IC 5-14-6. Each report shall set
forth a complete operating and financial statement for the ports of
Indiana during the fiscal year it covers.
(Formerly: Acts 1961, c.11, s.22.) As amended by Acts 1978, P.L.6,
SEC.13; P.L.224-2003, SEC.221 and P.L.271-2003, SEC.21;
P.L.235-2005, SEC.111; P.L.98-2008, SEC.32.
IC 8-10-1-23
Adverse or pecuniary interest; member, agent, or employee
Sec. 23. A member of the commission or an agent or employee of
the ports of Indiana who knowingly is interested in any contract with
the ports of Indiana, or in the sale of any property, either real or
personal, to the ports of Indiana, commits a Class A misdemeanor.
All such contracts are void. This section does not apply to contracts
for purchases of property, real or personal, between the ports of
Indiana and other departments, municipalities, or subdivisions of
state government.
(Formerly: Acts 1961, c.11, s.23.) As amended by Acts 1978, P.L.2,
SEC.840; P.L.98-2008, SEC.33; P.L.1-2009, SEC.70.
IC 8-10-1-24
Construction of law
Sec. 24. This chapter, being necessary for the welfare of the state
and its inhabitants, shall be liberally construed to effect the purposes
thereof.
(Formerly: Acts 1961, c.11, s.24.) As amended by P.L.66-1984,
SEC.10.
IC 8-10-1-25
Investment in revenue bonds by financial institutions
Sec. 25. Revenue bonds issued by the ports of Indiana under the
provisions of this article shall constitute legal investments for any
private trust funds, and the funds of any banks, trust companies,
insurance companies, building and loan associations, credit unions,
banks of discount and deposit, savings banks, loan and trust and safe
deposit companies, rural loan and savings associations, guaranty loan
and savings associations, mortgage guaranty companies, small loan
companies, and industrial loan and investment companies, and any
other financial institutions organized under Indiana statutes. The
bonds are also made securities that may be deposited with and
received by all public officers and bodies of Indiana or any agency
or political subdivision of Indiana and all municipalities and public
commissions for any purpose for which the deposit of bonds or other
obligations of Indiana is now or may be later authorized by law.
(Formerly: Acts 1961, c.11, s.25.) As amended by P.L.66-1984,
SEC.11; P.L.42-1993, SEC.7; P.L.224-2003, SEC.222 and
P.L.271-2003, SEC.22; P.L.98-2008, SEC.34.
IC 8-10-1-26
Journal of ports of Indiana
Sec. 26. All final actions of the ports of Indiana shall be
journalized and said journal shall be open to the inspection of the
public at all reasonable times.
(Formerly: Acts 1961, c.11, s.26.) As amended by P.L.98-2008,
SEC.35.
IC 8-10-1-27
Tax exemptions
Sec. 27. (a) The exercise of the powers granted by this article will
be in all respects for the benefit of the people of the state, for the
increase of their commerce and prosperity, and for the improvement
of their health and living conditions.
(b) As the operation and maintenance of a port or project by the
ports of Indiana will constitute the performance of essential
governmental functions, the ports of Indiana shall not be required to
pay any taxes or assessments upon any port or project or any
property acquired or used by the ports of Indiana under the
provisions of this article or upon the income therefrom. The bonds
issued by the ports of Indiana, the interest thereon, the proceeds
received by a holder from the sale of such bonds to the extent of the
holder's cost of acquisition, or proceeds received upon redemption
prior to maturity or proceeds received at maturity, and the receipt of
such interest and proceeds shall be exempt from taxation in the state
of Indiana for all purposes except the financial institutions tax
imposed under IC 6-5.5 or a state inheritance tax imposed under
IC 6-4.1.
(c) Notwithstanding any other statute, a lessee's leasehold estate
in land that is part of a port and that is owned by the state or the ports
of Indiana is exempt from property taxation. However, an exemption
under this subsection is not available for land not located at a port.
(Formerly: Acts 1961, c.11, s.27.) As amended by P.L.66-1984,
SEC.12; P.L.21-1990, SEC.39; P.L.60-1992, SEC.1;
P.L.254-1997(ss), SEC.13; P.L.224-2003, SEC.223 and
P.L.271-2003, SEC.23; P.L.98-2008, SEC.36.
IC 8-10-1-28
Repealed
(Repealed by P.L.1-1989, SEC.75.)
IC 8-10-1-29
Contracts for construction or purchase over $5,000; bidding
required; emergency exception; violations a Class D felony
Sec. 29. (a) Unless the ports of Indiana declares an emergency, the
ports of India