CHAPTER 2. DEFINITIONS

IC 5-23-2
    Chapter 2. Definitions

IC 5-23-2-1
Applicability of definitions
    Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-2
"Board"
    Sec. 2. "Board" refers to the agent, board, commission, officer, ortrustee of a public agency having the power to award contracts onbehalf of the public agency.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-3
"BOT agreement"
    Sec. 3. "BOT agreement" means any agreement between agovernmental body and an operator to construct, operate, andmaintain a public facility and to transfer the public facility back tothe governmental body at an established future date.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-4
"Construction"
    Sec. 4. (a) "Construction" means the process of building,renovating, reconstructing, expanding, modernizing, or assemblinga public work, including any material enhancements or upgrades toan existing public facility.
    (b) The term does not include normal repair, operation, generalmaintenance, or preservation of a public work.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-5
"Cost"
    Sec. 5. "Cost" means the cost of entering into any public-privateagreement, including, without limitation, the following:
        (1) The cost of acquisition and construction of any publicfacility or any modification, improvement, or extension of thatfacility.
        (2) Any cost incident to the acquisition of any necessaryproperty, easement, or right-of-way.
        (3) Engineering or architectural fees, legal fees, and fiscalagents' and financial advisers' fees.
        (4) Any cost incurred for preliminary planning to determine theeconomic or engineering feasibility of a proposed public-privateagreement.
        (5) Costs of economic investigations and studies, surveys,preparation of designs, plans, working drawings, specifications,

the inspection and supervision of the construction of any publicfacility, and any other cost incurred by the governmental body.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-6
"Governmental body"
    Sec. 6. "Governmental body" has the meaning set forth inIC 5-22-2-13.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-7
"Operating agreement"
    Sec. 7. "Operating agreement" means an agreement between anoperator and the governmental body for the operation, maintenance,repair, or management of a public facility.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-8
"Operator"
    Sec. 8. "Operator" means a person who has entered into either anoperating agreement or a BOT agreement with a governmental bodyto provide services to or on behalf of the governmental body.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-9
"Original term"
    Sec. 9. "Original term" means the initial term of a public-privateagreement. The term includes all automatic renewals and automaticextensions of a public-private agreement.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-10
"Person"
    Sec. 10. "Person" means an association, a corporation, a limitedliability company, a fiduciary, an individual, a joint stock company,a joint venture, a partnership, a sole proprietorship, or any otherprivate legal entity.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-11
"Public facility"
    Sec. 11. "Public facility" means a facility located on, or to belocated on, real property owned or leased by a governmental bodyand upon which a public service is or may be provided.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-12
"Public funds"
    Sec. 12. "Public funds" has the meaning set forth in IC 5-22-2-23.
As added by P.L.49-1997, SEC.34.
IC 5-23-2-13
"Public-private agreement"
    Sec. 13. "Public-private agreement" means a BOT agreement oran operating agreement.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-14
"Public service"
    Sec. 14. "Public service" means any service customarily providedby a governmental body.
As added by P.L.49-1997, SEC.34.

IC 5-23-2-15
"Public work"
    Sec. 15. "Public work" means any public building, highway,street, alley, bridge, sewer, drain, or any other public facility that ispaid for out of public funds.
As added by P.L.49-1997, SEC.34.