CHAPTER 5. CREATION OF PORT AUTHORITIES BY LOCAL GOVERNMENTS
IC 8-10-5
Chapter 5. Creation of Port Authorities by Local Governments
IC 8-10-5-1
Definitions
Sec. 1. As used in 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
servicing, storing, protecting, mooring, loading or unloading, or
repairing any watercraft, on or adjacent to any body of water
which may be wholly or partially within or wholly or partially
adjacent to the state of Indiana. The terms include a breakwater
area.
(3) The term "watercraft" shall mean any vessel, barge, boat,
ship, tug, sailingcraft, skiff, raft, inboard or outboard propelled
boat, or any contrivance known on March 13, 1959, or invented
after March 13, 1959, used or designed for navigation of or use
upon water, including a vessel permanently anchored in a port.
(4) "Publication" means publication once a week for two (2)
consecutive weeks in a newspaper of general circulation in the
city, county, or counties wherein such publication is required to
be made.
(5) The term "governing body" shall mean the legislative
authority of the governmental unit or units establishing or
having established a port authority under the provisions of this
chapter.
(Formerly: Acts 1959, c.343, s.1; Acts 1961, c.247, s.1.) As amended
by P.L.66-1984, SEC.21; P.L.103-1993, SEC.1.
IC 8-10-5-2
Ordinance or resolution authorizing creation; actions by or
against; contracts
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 (400,000) but less than seven hundred thousand (700,000).
Such authority may operate in addition to any municipal authority
that may be created under this chapter. A municipal corporation shall
act by ordinance, and a county shall act by resolution of the county
commissioners in authorizing the creation of a port authority. A port
authority created hereunder shall be a body corporate and politic
which may sue and be sued, plead and be impleaded, and shall have
the powers and jurisdiction enumerated in this chapter. The exercise
by such port authority of the powers conferred upon it shall be
deemed to be essential governmental functions of the state of
Indiana, but no port authority shall be immune from liability by
reason thereof.
(b) In the exercise of the powers and authorities herein granted
said port authority shall have power to make and enter into any and
all contracts that may be necessary to effectuate the purposes of this
chapter. Except as otherwise expressly provided by this chapter, a
contract made by a port authority is not subject to ratification by any
other board, body, or officer.
(Formerly: Acts 1959, c.343, s.2; Acts 1961, c.247, s.2; Acts 1975,
P.L.86, SEC.1.) As amended by P.L.12-1992, SEC.61; P.L.49-2010,
SEC.1.
IC 8-10-5-3
Counties creating port authority; reimbursement of municipal
corporations
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 money equal to the waterfront investment of such municipal
corporations in the territory or adjoining lands including but not
limited to appropriations, expenditures, charges for materials used or
labor performed by public officials or employees of said municipal
corporation in the placing, construction, development, or
improvement of land fills; waterfront shoreways or highways;
bulkheads; connecting ways; tracts, breakwaters; soil erosion
projects; harbor improvements; public beaches; boat harbor facilities;
drainage systems; docks; bridges; wharves; piers; places; ways;
buildings and appurtenances; sewers; public utility facilities for
power, light, heat or water; dredging or channel improvement
projects; communications systems; and lakefront improvements.
Such municipal corporations may decline to demand compensation
for any of the foregoing components of their waterfront investment
and thereby retain their possession, custody, control, and property
interest in the component for which no compensation is demanded.
Such compensation paid to the municipal corporation may not be
derived or take origin directly or indirectly from levies, taxes,
assessments, fees, or charges of any kind or nature which were
imposed or will be imposed upon the citizens, electors or taxpayers
of the municipal corporation which receives such compensation.
(Formerly: Acts 1959, c.343, s.3.)
IC 8-10-5-4
Surveys and examinations; dissolution of authority
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 due provisions for payment and performance
of its obligations, a port authority may be dissolved by the
subdivision or subdivisions creating it, and in such event the
properties of the port authority shall be transferred to the subdivision
creating it, or if created by more than one subdivision, to the
subdivision creating it in such manner as may be agreed upon
between such subdivisions.
(Formerly: Acts 1959, c.343, s.4.)
IC 8-10-5-5
Directors
Sec. 5. (a) A port authority created in accordance with the
provisions of this chapter shall be governed by a board of directors.
Except as provided in subsection (c), members of a board of directors
of a port authority created by the exclusive action of a municipal
corporation shall consist of the number of members it deems
necessary and be appointed by the mayor with the advice and consent
of the common council. Members of a board of directors of a port
authority created by the exclusive action of a county shall consist of
such members as it deems necessary and be appointed by the county
commissioners of such county. Members of a board of directors of
a port authority created by a combination of political subdivisions
shall be divided among such political subdivisions in such
proportions as such political subdivisions may agree and appointed
in the same manner as this section provides for their appointment
when such political subdivision creates its own port authority. When
a port authority is created by a combination of political subdivisions,
the number of directors composing the board shall be determined by
agreement between such political subdivisions.
(b) In the case of a port authority created under section 2 of this
chapter in a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000),
the board of directors shall consist of seven (7) members, three (3)
of whom shall be appointed by the board of county commissioners,
one (1) each by the mayors of the three (3) cities in the county having
the largest populations, and the mayor of the city having the largest
population shall appoint any remaining member or members. The
board shall be appointed as follows:
(1) The mayors of the three (3) cities in the county having the
largest populations shall each make one (1) appointment.
(2) The board of county commissioners shall make its three (3)
appointments following the naming of the city appointees and
appoint persons of such political faith as to make the board of
directors a bipartisan body.
(3) If a city is entitled to a second appointment, the mayor shall
make the appointment subject to retaining the board's bipartisan
status.
(4) In no event may more than three (3) board members residing
in the same city serve on said board at the same time.
(5) In no event may more than four (4) members of one (1)
political party serve on the board at the same time.
(c) This subsection applies to a port authority created under
section 2 of this chapter by the exclusive action of a municipal
corporation in a city having a population of more than seventy-five
thousand (75,000) but less than ninety thousand (90,000). The board
of directors of the port authority consists of five (5) members
appointed as follows:
(1) Three (3) members appointed by the mayor of the city.
(2) Two (2) members appointed by the legislative body of the
city.
(d) The appointing authority may at any time remove a director
appointed by it for misfeasance, nonfeasance, or malfeasance in
office.
(e) At the time of appointment, a director must be a resident of
one (1) of the following:
(1) The political subdivision from which the director is
appointed.
(2) The county within which the port authority is established.
At all times, a majority of the directors must be residents of the
political subdivisions from which the members are appointed.
(f) The directors of any port authority first appointed shall serve
staggered terms. Thereafter each successor shall serve for a term of
four (4) years, except that any person appointed to fill a vacancy
shall be appointed to only the unexpired term and any director shall
be eligible for reappointment.
(g) The directors shall elect one (1) of their membership as
chairman, and another as vice chairman, and shall designate their
terms of office, and shall appoint a secretary who need not be a
director. A majority of the board of directors shall constitute a
quorum the affirmative vote of which shall be necessary for any
action taken by the port authority. No vacancy in the membership of
the board shall impair the rights of a quorum to exercise all the rights
and perform all the duties of the port authority.
(h) Each member of the board of directors of a port authority shall
be entitled to receive from the port authority such sum of money as
the board of directors may determine as compensation for the
member's service as director and reimbursement for the member's
reasonable expenses in the performance of the member's duties.
(Formerly: Acts 1959, c.343, s.5; Acts 1975, P.L.86, SEC.2.) As
amended by P.L.12-1992, SEC.62; P.L.68-1996, SEC.3;
P.L.88-1997, SEC.1.
IC 8-10-5-5.5
Expansion of jurisdiction; ordinances
Sec. 5.5. Any port authority that is created under this chapter may
expand its jurisdiction to include any other unit (as defined in
IC 36-1-2-23) that desires to join the expanded authority. The
legislative body (as defined in IC 36-1-2-9) of each unit that is in the
authority shall by ordinance determine the number of directors on the
board of the expanded authority and any other terms of the expansion
that it considers appropriate. The legislative body of each unit that
desires to join the authority shall by ordinance agree to join the
authority and to accept the terms of the ordinance that provides for
the expansion.
As added by P.L.85-1988, SEC.1.
IC 8-10-5-6
Officers and employees
Sec. 6. A port authority shall employ and fix the qualifications,
duties and compensation of such employees and professional help as
it may require to conduct the business of the port and may appoint an
advisory board which shall serve without compensation. Any
employee may be suspended or dismissed, and the services of
professional help may be terminated at any time by the port
authority.
(Formerly: Acts 1959, c.343, s.6.)
IC 8-10-5-6.5
Retirement plans for port authority railroad employees
Sec. 6.5. (a) A port authority operating a railroad under this
chapter may establish a retirement plan for the benefit of the port
authority's railroad employees and past railroad employees who are
not members of the public employees' retirement fund.
(b) If a port authority establishes a retirement plan under
subsection (a), the port authority may do the following:
(1) Provide for the method, manner, and amount of
contributions by the:
(A) port authority out of the port authority's railroad
revenues or reserves; and
(B) railroad employees of the port authority, if required by
the retirement plan.
(2) Create an account for the retirement plan and allocate to the
account contributions sufficient to establish the retirement plan
on a sound actuarial basis, including contributions for past
services of employees.
(c) A retirement plan established under subsection (a) may not
require contributions from an employee that exceed six percent (6%)
of the employee's wages or salary.
As added by P.L.16-1998, SEC.1.
IC 8-10-5-7
Jurisdictional area
Sec. 7. The area of jurisdiction of a port authority shall include:
(1) all of the territory of the political subdivision or
subdivisions creating it; and
(2) a facility that is owned or operated by the port authority,
whether or not the facility is within the boundaries of the
political subdivision or subdivisions that created the port
authority;
however, the same area may not be included in the jurisdiction of
more than one (1) port authority.
(Formerly: Acts 1959, c.343, s.7.) As amended by P.L.103-1993,
SEC.2.
IC 8-10-5-8
Powers and duties
Sec. 8. (a) A port authority is an instrumentality of the state and
shall have full power and authority independent of any political
subdivision to do the following:
(1) Purchase, construct, sell, lease, and operate docks, wharves,
warehouses, piers, and other port, terminal, or transportation
facilities within its jurisdiction consistent with the purposes of
the port authority and make charges for the use thereof.
(2) Straighten, deepen, and improve any canal, channel, river,
stream, or other water course or way which may be necessary
or proper in the development of the facilities of such port.
(3) Establish dock lines, piers, and other facilities necessary to
the conduct of pleasure boating within the territory under the
jurisdiction of the port authority.
(4) Regulate and enforce the regulation of all uses and activities
related to the port in the area under the jurisdiction of the port
authority and determine the use of land adjacent to waters under
the jurisdiction of the port authority within a reasonable
distance from the shore lines of such waters. However, this
subdivision does not:
(A) affect the requirement that special standards for the safe
operation of watercraft on public waters must be adopted by
rule by the department of natural resources under
IC 14-15-7-3; or
(B) authorize the assessment by the port authority of a
charge or fee for the passage of a watercraft through the
navigable waters of the state.
(5) Acquire, own, hold, sell, lease, or operate real or personal
property for the authorized purposes of the port authority.
(6) Apply to the proper authorities of the United States pursuant
to appropriate law for the right to establish, operate, and
maintain foreign trade zones within the limits of the port
authority and establish, operate, and maintain such foreign trade
zones.
(7) Exercise the right of eminent domain to appropriate any
land, rights, rights-of-way, franchises, easements, or other
property necessary or proper for the construction or the efficient
operation of any facility of the port authority, award damages
to landowners for real estate and property rights appropriated
and taken or injuriously affected, and in case the board of
directors of the port authority cannot agree with the owners,
lessees, or occupants of any real estate selected by them for the
purposes herein set forth, proceed to procure the condemnation
of the same as hereinafter provided, and in addition thereto,
when not in conflict or inconsistent with the express provisions
of this chapter, proceed under the general laws of the state of
Indiana governing the condemnation of lands and the
rights-of-way for other public purposes which may be in force
at the time, and the provisions of such laws are hereby extended
to ports and harbors and to the properties of port authorities as
provided for herein so far as the same are not in conflict or
inconsistent with the terms of this chapter. In any such
proceeding prosecuted by the board of directors of a port
authority to condemn or appropriate any land or the use thereof
or any right therein for purposes permitted by this chapter, the
board and all owners and holders of property or rights therein
sought to be taken shall be governed by and have the same
rights as to procedure, notices, hearings, assessments of benefits
and awards, and payments thereof as are now or may hereafter
be prescribed by law for the appropriation and condemnation of
real estate, and such property owners shall have like powers and
rights as to remonstrance and of appeals to the circuit or
superior courts in the county in which such property sought to
be appropriated is located. However, the payment of all
damages awarded for all lands and property or interests or
rights therein appropriated under the provisions of this chapter
shall be paid entirely out of funds under the control of such port
authority, except for the following:
(A) Upon written application of any property owner
affected, any municipal corporation, or, as to areas outside
the boundaries of a municipal corporation, any county,
participating in the creation of a port authority, after ten (10)
days written notice to the port authority and public hearing
had thereon, may revoke the right of eminent domain to be
exercised by the port authority as to any parcel or parcels of
land inside its borders within sixty (60) days after the port
authority has by resolution announced the lands, rights,
rights-of-way, franchises, easements, or other property to be
taken.
(B) Nothing herein contained shall authorize a port authority
to take or disturb property or facilities belonging to any
public corporation, public utility, or common carrier, which
property or facilities are necessary and convenient in the
operation of such public corporation, public utility, or
common carrier, unless provision is made for the restoration,
relocating, or duplication of such property or facilities, or
upon the election of such public corporation, public utility,
or common carrier, for the payment of compensation, if any
at the sole cost of the port authority, subject to the following:
(i) If any restoration or duplication proposed to be made
hereunder shall involve a relocation of such property or
facilities, the new facilities and location shall be of at least
comparable utilitarian value and effectiveness and such
relocation shall not impair the ability of the public utility
or common carrier to compete in its original area of
operation.
(ii) Provisions for restoration or duplication shall be
described in detail in the resolution for appropriation
passed by the port authority.
(8) Accept, receive, and receipt for federal moneys, and other
moneys, either public or private, for the acquisition,
construction, enlargement, improvement, maintenance,
equipment, or operation of a port or harbor or other navigation
facilities, and sites therefor and comply with the provisions of
the laws of the United States and any rules and regulations
made thereunder for the expenditure of federal moneys upon
such ports and other navigation facilities.
(9) Maintain such funds as it deems necessary.
(10) Direct its agents or employees, when properly identified in
writing, and after at least five (5) days written notice, to enter
upon lands within the confines of its jurisdiction in order to
make surveys and examinations preliminary to location and
construction of works for the purposes of the port authority,
without liability of the port authority or its agents or employees
except for actual damage done.
(11) Sell or lease real and personal property not needed for the
operation of the port authority and grant easements or
rights-of-way over property of the port authority.
(12) Promote, advertise, and publicize the port and its facilities,
provide traffic information and rate information to shippers and
shipping interests, and appear before rate making authorities to
represent and promote the interests of the port.
(13) Borrow money and secure the borrowing by a pledge of the
following:
(A) Accounts receivable.
(B) A security interest in capital equipment for which the
proceeds of the loan are used.
(C) Other security, including the excess of unobligated
revenues over operating expenses.
(b) The term of a loan authorized by subsection (a)(13) may not
exceed thirty-five (35) years.
(Formerly: Acts 1959, c.343, s.8; Acts 1965, c.390, s.1.) As amended
by Acts 1979, P.L.89, SEC.1; Acts 1981, P.L.11, SEC.52;
P.L.103-1993, SEC.3; P.L.1-1995, SEC.56; P.L.49-2010, SEC.2.
IC 8-10-5-8.1
Railroad right-of-way; powers
Sec. 8.1. In addition to the other powers granted under this
chapter, the port authority may contract for, accept, or otherwise
acquire and maintain railroad property and rights-of-way. The port
authority may accept and expend funding from any source, and may
issue revenue bonds, for the construction, operation, and
maintenance of the property and rights-of-way and the lease or
purchase of all necessary equipment and appurtenances to
successfully operate a railroad over the rights-of-way. The powers
granted, and procedures provided for, by this chapter shall extend to
any authority created pursuant to this chapter even though the
railroad facilities will not serve a port or harbor.
As added by Acts 1977, P.L.109, SEC.1. Amended by Acts 1979,
P.L.89, SEC.2; Acts 1981, P.L.74, SEC.3; P.L.85-1988, SEC.2.
IC 8-10-5-8.5
Powers of port authorities in certain counties
Sec. 8.5. Port authorities created in a county having a population
of more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000), shall have all the powers of port
authorities provided under section 8 of this chapter except the power
to exercise eminent domain as provided in section 8(7) of this
chapter in any city having a population of:
(1) more than seventy-five thousand (75,000) but less than
ninety thousand (90,000); or
(2) more than thirty-two thousand (32,000) but less than
thirty-two thousand eight hundred (32,800).
(Formerly: Acts 1975, P.L.86, SEC.3.) As amended by P.L.12-1992,
SEC.63; P.L.170-2002, SEC.63; P.L.1-2003, SEC.49; P.L.49-2010,
SEC.3.
IC 8-10-5-8.7
Bonding
Sec. 8.7. (a) The board of directors may, by resolution,
recommend to the governing body of the municipality or
municipalities creating the port authority that they authorize general
obligations, mortgage, or revenue bonds for any one (1) or more of
the following purposes:
(1) To acquire or improve port or harbor sites.
(2) To acquire, construct, extend, alter, or improve structures,
ways, facilities, or equipment necessary for the proper operation
of the port authority or the port or harbor within its jurisdiction.
(3) To refund outstanding bonds and matured interest coupons
and issue and sell refunding bonds for that purpose.
(b) Before making a recommendation authorized by subsection
(a), the board shall give notice of a public hearing at which time the
board shall disclose the purpose for which the bond issue is
proposed, the amount of the proposed issue, and all other pertinent
data. At least ten (10) days before the date set for hearing, the board
shall publish in two (2) newspapers of general circulation in the city,
county, counties, or other municipalities involved, a notice of the
date, time, place, and purpose of the hearing. If there is only one (1)
newspaper, one (1) notice is sufficient.
(c) The governing body shall review the proposal of the board of
directors of the port authority and if it approves shall provide for the
advertisement and sale of the issue in compliance with IC 5-1-11. For
purposes of this chapter, IC 5-1-11 applies as fully to mortgage
bonds as to general obligation or revenue bonds.
(d) Bonds issued under the authority of this chapter are not
subject to limitations on interest rates.
(e) The governing body shall fix the date, time, and place of
payment of principal and interest, but no issue may have a maturity
date later than forty (40) years after date of issue.
(f) Bonds issued under this chapter, together with the interest
thereon, are tax exempt.
(g) The governing body shall apply the proceeds from the sale of
bonds exclusively to the purposes for which the bonds were issued
and only to the extent necessary therefor. Any remaining balance
shall be placed in a sinking fund for the payment of the bonds and
the interest on the bonds.
(h) This chapter does not affect obligations existing before July
1, 2010, on outstanding bonds. If a board of directors or a port
authority is discontinued, as provided in section 4 of this chapter, the
primary obligations on its bonds remain unaffected. In addition, the
city or county or municipalities involved in the issuance of bonds
shall assume liability for the payment of the bonds according to their
terms and in relation to their interest or proportion in the bonds.
As added by P.L.49-2010, SEC.4.
IC 8-10-5-8.9
Royalty contracts
Sec. 8.9. With the approval of the governing body creating it, a
port authority may sell, lease, or enter into a royalty contract for the
natural or mineral resources of land that it owns. Money received
from these sources shall be deposited in the nonreverting capital fund
of the port authority.
As added by P.L.49-2010, SEC.5.
IC 8-10-5-9
Maps, plans, and profiles for future development; hearings;
objections
Sec. 9. The board of directors of a port authority shall prepare or
cause to be prepared a plan for the future development, construction,
and improvement of the port and its facilities, including such maps,
profiles, and other data and descriptions as may be necessary to set
forth the location and character of the work to be undertaken by the
port authority. Upon the completion of such plan, the board of
directors shall cause notice by publication as provided in section 1
of this chapter, to be given in each county in which there is a
political subdivision participating in the creation of the port
authority, and shall likewise cause notice to be served upon the
owners of the uplands contiguous to any submerged lands affected
by such plan in the manner provided by law for service of notice in
the levy of special assessments by municipal corporations, and shall
permit the inspection thereof at their office by all persons interested.
Said notice shall fix the time and place for the hearing of all
objections to said plan which time shall be not less than ten (10) nor
more than thirty (30) days from the date of last publication of said
notice. Any interested person may file written objections to such
plan, provided such objections are filed with the secretary of the
board of directors at his office not less than five (5) days prior to the
date fixed for said hearing. After said hearing, the board of directors
may adopt such plan with any modifications or amendments thereto
as the official plan of the port authority.
(Formerly: Acts 1959, c.343, s.9; Acts 1961, c.247, s.3.) As amended
by P.L.66-1984, SEC.22.
IC 8-10-5-10
Modification, amendment, or extension of development plan
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 notice to be given and shall conduct a hearing, all as
provided in section 9 of this chapter, and shall not adopt any
modification, amendment, or extension until the notice has been
given and the hearing held as herein provided in this chapter.
(Formerly: Acts 1959, c.343, s.10.) As amended by P.L.66-1984,
SEC.23.
IC 8-10-5-11
Modification, amendment, or extension of development plan;
conclusiveness
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.)
IC 8-10-5-12
Private enterprise; participation in construction and operation of
facilities
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 port authority. In this respect the port authority may upon its
own motion or upon the written request of any other party advertise
and solicit for the construction, operation and/or maintenance of any
facility included in the development plan in accordance to plans,
specifications and regulations therefor prepared by the board of
directors.
It is further provided that in the event the board of directors deems
it advisable and practicable, said board may cause certain facilities
included in the development plan to be installed by private enterprise
and leased back to the port authority on an instalment contract or
option to purchase. The exercise of any power granted to the port
authority under the provisions of this section shall be consummated
and regulated in accordance with detailed provisions set out and
enacted into proper legislation by the governing body or governing
bodies creating such port authority.
(Formerly: Acts 1959, c.343, s.12; Acts 1961, c.247, s.4.)
IC 8-10-5-13
Revenue bonds; issuance and sale
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 been authorized by the governing body of the city, town, or
county to issue and sell revenue bonds for the purpose of obtaining
funds with which to construct, purchase, lease, operate, maintain, or
improve facilities included in the development plan or amendment
thereof, the revenue bonds shall be:
(1) issued in the name of the city, town, or county;
(2) executed by the executive of the city, town, or county and
the chairman of the board of directors of the port authority; and
(3) attested to by the clerk or clerk-treasurer of the city or town
or auditor if a county.
(b) In authorizing revenue bonds and providing for the issuance
and sale thereof, the governing body of the city, town, or county
shall, by ordinance, consistent with pertinent statutes, provide all
necessary details concerning the form and tenor of the revenue
bonds, the amount thereof, the maturity dates, the provision for
payment of principal and interest, the negotiability, and all other
details, requirements, regulations, or specifications necessary to
make the revenue bonds acceptable and legal instruments.
(c) The governing body shall, in its ordinance, make provision for
the expenditure of the funds derived from the sale of the revenue
bonds in accordance with the purposes for which the issuance and
sale was authorized. The governing body shall specifically provide
for the allocation of income and revenue of the port authority into the
fund or funds as may be necessary to properly secure the
accumulation of money in a separate account or accounts for use in
the payment of principal and interest of the revenue bonds as they
become due and payable.
(Formerly: Acts 1959, c.343, s.12a; Acts 1961, c.247, s.5.) As
amended by Acts 1981, P.L.74, SEC.4; P.L.8-1989, SEC.52.
IC 8-10-5-14
Miscellaneous provisions
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 municipal
corporation to develop or improve port and terminal facilities;
or
(c) impair or interfere with the exercise of any permit for the
removal of sand or gravel, or other similar permits issued by
this state or the United States.
(Formerly: Acts 1959, c.343, s.13.) As amended by P.L.66-1984,
SEC.24.
IC 8-10-5-15
Bids and bidding; construction contracts and lease or sale of land
or property
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 shall be made by the port authority unless notice calling for
bids for the same shall have been given by publication as provided
by this chapter. No such lease or sale shall be made, except to the
highest and best bidder. In the case of any lease or sale of land by the
port authority, specifications for the bids for such lease or sale shall
be in such form and detail as shall be determined by the port
authority.
(Formerly: Acts 1959, c.343, s.14; Acts 1965, c.390, s.2.) As
amended by Acts 1979, P.L.89, SEC.3; Acts 1981, P.L.57, SEC.20.
IC 8-10-5-16
Budget; rates and charges
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 money borrowed. If there
remains, at the end of any calendar year, any surplus of such funds
after providing for the above uses, the board of directors may pay
such surplus into the general funds of the political subdivisions
creating and comprising the port authority in proportions to the
taxable value of all property within the port authority which shall be
listed on the general tax lists for the respective subdivisions.
(Formerly: Acts 1959, c.343, s.15.)
IC 8-10-5-17
Cumulative channel maintenance fund; establishment; tax levies;
docking and launch fees
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 and shores of debris and any other
pollutants;
(3) purchase, renovation, construction, or repair of bulkheads,
pilings, docks, and wharves;
(4) purchase and development of land adjoining channels within
the jurisdiction of the port authority and which land is necessary
to the fulfillment of the plan adopted by the port authority for
the future development, construction, and improvement of its
facilities. The purchased and developed land shall be available
to the residents of the taxing district without further charge; or
(5) regulation and enforcement of regulation of all uses and
activities related to waters that are under the jurisdiction of the
port authority.
(b) To provide for the cumulative channel maintenance fund:
(1) a county, city, or town fiscal body may levy a tax in
compliance with IC 6-1.1-41 not to exceed three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100)
on all taxable property within the county, town, or city; and
(2) a city described in sections 22(a) and 23(a) of this chapter
may impose the following:
(A) An annual docking fee under section 22 of this chapter.
(B) A marina launch fee under section 23 of this chapter.
(c) The revenue from a tax, an annual docking fee, or a marina
launch fee collected under subsection (b) shall be held in the
cumulative channel maintenance fund established under subsection
(a).
(Formerly: Acts 1959, c.343, s.16; Acts 1972, P.L.67, SEC.1.) As
amended by Acts 1981, P.L.11, SEC.53; P.L.8-1989, SEC.53;
P.L.17-1995, SEC.7; P.L.6-1997, SEC.133; P.L.34-2004, SEC.1.
IC 8-10-5-18
Bond of secretary; depositories; disbursement of funds
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 of the port authority in one (1) or more depositories as
shall be qualified to receive deposits of funds, in the same manner as
is done by the city or county creating such port authority, which
deposits shall be secured in the same manner as such city or county
funds are required to be secured. No disbursements shall be made
from such funds except in accordance with rules and regulations
adopted by the port authority.
(Formerly: Acts 1959, c.343, s.17; Acts 1965, c.390, s.3.)
IC 8-10-5-19
Emergency measure
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 to permit the prompt organization of port
authorities to take advantage of the St. Lawrence Seaway project
authorized by the Congress, thereby advancing the interests and the
welfare of the state of Indiana and its citizens.
(Formerly: Acts 1959, c.343, s.18.) As amended by P.L.66-1984,
SEC.25.
IC 8-10-5-20
Contracts; purchase, lease, or acquisition of land or other property
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 other states, with counties, municipalities,
townships, or other governmental agencies created by or under the
authority of the laws of the state of Indiana, including sewerage,
drainage, conservation, conservancy, or other improvement districts
in this or other states as may be necessary or convenient for the
exercise of powers granted by the provisions of this chapter,
including the making of surveys, investigations, or reports thereon,
provided that such contracts or arrangements shall not be in violation
of the Indiana Constitution. The board of directors may purchase,
lease, or acquire land or other property in any county of the state of
Indiana and in adjoining states for the accomplishment of an
authorized purpose of the port authority, or for the improvement of
the harbor and port facilities over which the port authority may have
jurisdiction, and may let contracts or spend money for making such
improvements or development of port facilities in adjoining states.
(Formerly: Acts 1959, c.343, s.19.) As amended by P.L.66-1984,
SEC.26.
IC 8-10-5-21
Repealed
(Repealed by Acts 1975, P.L.86, SEC.4.)
IC 8-10-5-22
Application of section; annual watercraft fee; watercraft fee decal
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
impose an annual docking fee upon each watercraft that is docked for
more than twenty-nine (29) days during a year in waters that are
under the jurisdiction of a port authority under this chapter.
(c) An annual docking fee imposed under this section shall be:
(1) not more than seventy-five cents ($0.75) per foot for
watercraft of thirty (30) feet or less; and
(2) not more than one dollar and fifty cents ($1.50) per foot for
watercraft over thirty (30) feet.
(d) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a port
authority created by a city under this chapter; and
(2) where a watercraft is docked;
shall collect the annual docking fee imposed on the watercraft under
this section. Not later than the fifteenth day of each month, each
marina, dock, or port shall remit to the city fiscal officer the amount
of fees collected under this section during the immediately preceding
month.
(e) Annual docking fees imposed under this section by a city
described in subsection (a) shall be deposited in the cumulative
channel maintenance fund established under section 17 of this
chapter.
(f) Upon collecting an annual docking fee imposed on a watercraft
under this section, a marina, dock, or port shall issue to the owner of
the watercraft a decal that indicates the year for which the fee under
this section has been paid.
(g) The decal issued under subsection (f) must be displayed on the
watercraft during the year for which the decal is issued. A watercraft
that displays a valid annual docking fee decal under this subsection
is not subject to:
(1) annual docking fees imposed at other marinas, docks, or
ports under this section; and
(2) marina launch fees imposed under section 23 of this chapter.
(h) The general assembly finds that in port authorities that include
a channel that is ordinarily navigable to Lake Michigan there exist
unique problems related to necessary dredging and cleaning of
channels used by boats that operate on the Great Lakes. These unique
problems may be alleviated by the authorization of a docking fee
under this section.
As added by P.L.60-1992, SEC.2. Amended by P.L.170-2002,
SEC.64; P.L.34-2004, SEC.2.
IC 8-10-5-23
Per launch watercraft fee; deposit of fees; watercraft fee decal
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, or port located on waters that are under the jurisdiction of the
port authority created by the city.
(b) The owner of a watercraft subject to a fee under this section
shall pay one (1) of the following:
(1) A launch fee of one dollar ($1) per launch.
(2) An annual marina launch fee of:
(A) seventy-five cents ($0.75) per foot for a watercraft of
thirty (30) feet or less in length; or
(B) one dollar and fifty cents ($1.50) per foot for watercraft
over thirty (30) feet in length.
(c) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a port
authority created by a city under this chapter; and
(2) from which a watercraft is launched;
shall collect the marina launch fee imposed on the watercraft under
this section. Not later than the fifteenth day of each month, each
marina, dock, or port shall remit to the city fiscal officer the amount
of fees collected under this section during the immediately preceding
month.
(d) The marina launch fees imposed under this section by a city
described in subsection (a) shall be deposited in the cumulative
channel maintenance fund established under section 17 of this
chapter.
(e) Upon collecting a fee under this section, a marina, dock, or
port shall issue to the person who owns the watercraft:
(1) a paper permit that indicates the day for which the fee was
paid, in the case of a one (1) time marina launch fee; or
(2) a decal that indicates the year for which the fee was paid, in
the case of an annual marina launch fee.
(f) The decal or permit issued under subsection (e) must be
displayed on the watercraft during the period for which the decal or
permit is issued. A watercraft that displays a valid annual marina
launch decal or permit under this subsection is not subject to an
annual watercraft docking fee imposed under section 22 of this
chapter.
(g) The general assembly finds that in port authorities that include
a channel that is ordinarily navigable to Lake Michigan there exist
unique problems related to necessary dredging and cleaning of
channels used by boats that operate on the Great Lakes. These unique
problems may be alleviated by the authorization of a launch fee
under this section.
As added by P.L.34-2004, SEC.3.