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 projectsauthorized
Sec. 1. In order to promote the agricultural, industrial, andcommercial development of the state and to provide for the generalwelfare by the construction and operation, in cooperation with thefederal government, or otherwise, of a modern port system withterminal facilities to accommodate water, rail, truck, air-borne, andother forms of transportation, the ports of Indiana is herebyauthorized and empowered to construct, maintain, and operate, incooperation with the federal government, or otherwise, at suchlocations as shall be approved by the governor, projects, includingwithout limitation public ports with terminal facilities and trafficexchange points throughout Indiana for all forms of transportation,giving particular attention to the benefits which may accrue to thestate and its citizens from all forms of transportation, and issuerevenue bonds of the state payable solely from revenues to pay thecost of such projects. The ports of Indiana's powers are not limitedto ports and may be exercised throughout Indiana for projects thatenhance, 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.) Asamended 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 termsshall have the following meanings, unless the context shall indicateanother or different meaning or intent:
(a) The word "commission" shall mean the commission created bysection 3(b) of this chapter, or, if said commission shall be abolished,the board, body or commission succeeding to the principal functionsthereof, or to whom the powers given by this chapter to thecommission 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, theWabash River, or other water bodies, natural or artificial, inwhich water-borne vessels capable of carrying articles ofcommerce 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 allmodes of transportation.
(c) The word "project" shall include:
(1) any facilities, adjuncts, and appurtenances necessary oruseful to operate a modern port, whether or not permanentlysituated 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 forthe handling and storage of grain, coal and other bulkcommodities, terminal buildings or facilities, railroadequipment and trackage, roadways, airplane landing fields,parking lots, garages, automotive equipment, tugs, ferries,maintenance and construction vessels, communicationsystems, sewers, drains, works for the treatment of sewage,garbage and wastes, and the furnishing of utility servicenecessary to serve the property under the jurisdiction orcontrol of the ports of Indiana and other buildings andfacilities which the ports of Indiana may deem necessary forthe operation of the port; and
(2) any other project located in Indiana, other than at a port, thatthe ports of Indiana finds will enhance, foster, aid, provide, orpromote economic development, public-private partnerships,and other industrial, commercial, business, and transportationpurposes.
(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 andriparian rights acquired by the ports of Indiana for construction;
(3) the cost of demolishing or removing any buildings orstructures on land so acquired, including the cost of acquiringany 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 notexceeding two (2) years after the estimated date of completionof construction;
(9) the cost of engineering and legal expenses, plans,specifications, surveys, and estimates of cost, traffic andrevenues;
(10) other expenses necessary or incident to determining thefeasibility or practicability of constructing any such project;
(11) administrative expense;
(12) other expenses as may be necessary or incident to theacquisition or construction of the project, the financing of the
acquisition or construction, and the placing of the project inoperation, including the amount authorized in the resolution ofthe commission providing for the issuance of revenue bonds tobe paid into any special funds from the proceeds of the bonds;and
(13) any obligation, cost, or expense incurred by anygovernmental agency or person for surveys, borings, thepreparation of plans and specifications, and other engineeringservices, or any other cost described in this section that isincurred in connection with the acquisition or construction of aproject may be regarded as part of the cost of the project andmay be reimbursed out of the proceeds of revenue bonds asauthorized by this chapter.
(e) The word "owner" shall include all individuals,copartnerships, associations, or corporations having any title orinterest in any property, rights, easements, and other interestsauthorized 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 orunder the control of the ports of Indiana by virtue of the terms andprovisions of this article, but shall not include real property orpersonal property other than money, nor the proceeds from the saleof 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 bysection 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; officialbond; compensation
Sec. 3. (a) The ports of Indiana is created as a body both corporateand politic in the state of Indiana, and the exercise of the powersconferred by this article in the construction, operation, andmaintenance of a port or project shall be deemed and held to beessential governmental functions of the state.
(b) The ports of Indiana shall be governed by a commissionconsisting of seven (7) members, appointed by the governor, no morethan four (4) of whom shall be members of the same political party.The members shall be residents of the state, and shall have beenqualified electors therein for a period of at least five (5) years nextpreceding their appointment. The members of the commission firstappointed shall continue in office for terms expiring, in the case oftwo (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 thefirst two (2) members appointed after January 1, 1975, shall continue
in office for terms expiring July 1, 1977, for one (1) member andJuly 1, 1979, for the other member, respectively, and until theirrespective successors shall be duly appointed and qualified. The termof any member of the commission first appointed shall be designatedby the governor. The successor of each such member shall beappointed for a term of four (4) years, except that any personappointed to fill a vacancy shall be appointed to serve only for theunexpired 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 thecommission for misfeasance, nonfeasance, or malfeasance in office.The members of the commission shall, within ten (10) days aftertheir appointment, meet and qualify by subscribing an oath todischarge honestly and faithfully the duties of their office asmembers of the commission. The commission shall elect one (1) ofthe members as chairman and another as vice-chairman, and shallappoint a secretary-treasurer who need not be a member of thecommission. Four (4) members of the commission shall constitute aquorum, and the affirmative vote of four (4) members shall benecessary for any official action taken by the commission. A vacancyin the membership of the commission does not impair the rights ofa quorum to exercise all the rights and perform all the duties of thecommission.
(c) Before the issuance of any revenue bonds under the provisionsof this article:
(1) each appointed member of the commission;
(2) the secretary-treasurer; and
(3) any other employee or agent of the ports of Indianaauthorized by resolution of the commission to handle funds orsign checks;
shall give a surety bond to the state in the penal sum of fifty thousanddollars ($50,000). Each such surety bond must be conditioned uponthe faithful performance of the individual's duties, to be executed bya surety company authorized to transact business in the state assurety and to be approved by the governor and filed in the office ofthe secretary of state.
(d) Each appointed member of the commission shall receive anannual salary of seven thousand five hundred dollars ($7,500),payable in monthly instalments.
(e) Each member shall be reimbursed for the member's actualexpenses necessarily incurred in the performance of the member'sduties.
(f) All expenses incurred in carrying out the provisions of thisarticle shall be payable solely from funds provided under theauthority of this article and no liability or obligation shall be incurredby the ports of Indiana hereunder beyond the extent to which moneysshall have been provided under the authority of this article.
(g) The commission:
(1) is responsible for implementing the powers and duties of theports of Indiana under this article; and (2) may adopt bylaws for the regulation of the affairs of thecommission and the conduct of the business of the ports ofIndiana.
The commission may delegate to staff, including the chief executive,such administrative functions as the commission deems necessary ordesirable to accomplish the purposes of the ports of Indiana underthis article. The chief executive may delegate the chief executive'sauthority to the appropriate staff.
(Formerly: Acts 1961, c.11, s.3; Acts 1975, P.L.84, SEC.1.) Asamended 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, orany political subdivision of the state, or a pledge of the faithand credit of the ports of Indiana, the state, or any politicalsubdivision of the state;
(2) are payable solely from the funds pledged for their paymentas authorized in this article, unless the bonds are refunded byrefunding bonds issued under the provisions of this chapter,which shall be payable solely from funds pledged for theirpayment as authorized in this article; and
(3) must contain on their face a statement to the effect that thebonds, as to both principal and interest, are not an obligation ofthe ports of Indiana, the state, or of any political subdivision ofthe state, but are payable solely from revenues pledged for theirpayment.
All expenses incurred in carrying out the provisions of this article arepayable solely from funds provided under the authority of this articleand nothing in this article shall be construed to authorize the ports ofIndiana to incur indebtedness or liability on behalf of or payable bythe 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 generalassembly, the ports of Indiana may not pledge, in any form, to:
(1) seek funding from the state in the event of any default in thepayment of revenue bonds; or
(2) specify, in any form, in an agreement related to revenuebonds that money appropriated by the general assembly may orshall be deposited in a debt service fund or reserve fund for therevenue 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 toproperty
Sec. 5. (a) The ports of Indiana may:
(1) prepare sketches, plans, and descriptive material relating toports or projects, as in its discretion may seem feasible, tocompile data and prepare literature as to the necessity oradvisability thereof, and to do other acts and things it considersnecessary to promote the ports or projects and deems to be inthe public interest;
(2) carry on, in its discretion, negotiations and enter intoagreements and contracts with the federal government oragencies of the federal government or an authority establishedunder IC 36-7-23 for the building and construction of publicports including terminal facilities, to be located within Indiana,on Lake Michigan, the Ohio River, the Wabash River, or inwaters adjacent to Indiana;
(3) locate and acquire suitable sites for ports or projects;
(4) construct, develop, maintain, and operate the same incooperation with the federal government, any agency of thefederal government, a corporation established under IC 36-7-23,or otherwise, in such a manner and on such terms as will, in thediscretion of the ports of Indiana, best serve the commercial,industrial, and agricultural interests of the state;
(5) provide adequate port and terminal facilities toaccommodate water, rail, truck, and airborne transportation; and
(6) provide a traffic exchange point for all forms oftransportation, giving particular attention to the benefits whichmay 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 betaken 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.) Asamended by P.L.346-1989(ss), SEC.5; P.L.224-2003, SEC.206 andP.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 dothe following:
(1) To adopt an official seal which shall not be the seal of thestate of Indiana.
(2) To maintain a principal office and sub-offices at such placeor 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 againstthe ports of Indiana shall be brought in the circuit court of thecounty in which the principal office of the ports of Indiana islocated or in the circuit court of the county in which the causeof action arose, if the county is located within the state. Allsummonses and legal notices of every kind shall be served onthe ports of Indiana by leaving a copy thereof at the principaloffice of the ports of Indiana with the person in charge thereofor with the secretary of the ports of Indiana. However, no suchaction shall be deemed commenced until a copy of the summonsand complaint, cross complaint, petition, bill, or pleading isserved upon the attorney general of Indiana.
(4) To acquire, lease, construct, maintain, repair, police, andoperate a port or project as provided in this chapter, and toestablish rules and regulations for the use of the port or project,and other property subject to the jurisdiction and control of theports of Indiana.
(5) To issue both taxable and tax exempt revenue bonds of thestate, payable solely from revenues, as herein provided, for thepurpose of paying all or any part of the cost of a port or project.
(6) To acquire, lease, and operate tug boats, locomotives, andany and every kind of motive power and conveyances orappliances necessary or proper to carry passengers, goods,wares, merchandise, or articles of commerce in, on, or aroundthe 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 orproject.
(8) To acquire, obtain option on, hold, and dispose of real andpersonal property in the exercise of its powers and theperformance of its duties under this chapter.
(9) To designate the location and establish, limit, and controlpoints of ingress to and egress from a port or project.
(10) To lease to others for development or operation suchportions of any port or project, on such terms and conditions asthe ports of Indiana shall deem advisable.
(11) To make and enter into all contracts, undertakings, andagreements necessary or incidental to the performance of itsduties and the execution of its powers under this chapter. Whenthe cost of any such contract for construction, or for thepurchase of equipment, materials, or supplies, involves anexpenditure of more than twenty-five thousand dollars($25,000), the ports of Indiana shall make a written contractwith the lowest and best bidder after advertisement for not lessthan two (2) consecutive weeks in a newspaper of generalcirculation in the county where the construction will occur andin such other publications as the ports of Indiana shalldetermine. The notice shall state the general character of thework 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 bidshall contain the full name of every person or companyinterested in it and shall be accompanied by a sufficient bond orcertified check on a solvent bank that if the bid is accepted acontract will be entered into and the performance of its proposalsecured. The ports of Indiana may reject any and all bids. Abond with good and sufficient surety as shall be approved bythe ports of Indiana shall be required of all contractors in anamount equal to at least fifty percent (50%) of the contract priceconditioned upon the faithful performance of the contract.
(12) To construct, assemble, or otherwise build, own, lease,operate, manage, or otherwise control any project throughoutIndiana for the purpose of promoting economic growth anddevelopment throughout Indiana, retaining existing employmentwithin Indiana, and attracting new employment opportunitieswithin Indiana.
(13) To employ a chief executive, consulting engineers,superintendents, and such other engineers, construction andaccounting experts, attorneys, and other employees and agentsas may be necessary in its judgment, and to fix theircompensation and title, but no compensation of any employeeof the ports of Indiana shall exceed the compensation of thehighest paid officer or employee of the state.
(14) To receive and accept from any federal agency grants foror in aid of the construction of any port or project, and toreceive and accept aid or contributions from any source ofeither money, property, labor, or other things of value, to beheld, used, and applied only for the purposes for which suchgrants and contributions may be made.
(15) To provide coverage for its employees under the provisionsof 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 outthe powers expressly granted in this article.
(17) To hold, use, administer, and expend such sum or sums asmay herein or hereafter be appropriated or transferred to theports of Indiana.
(Formerly: Acts 1961, c.11, s.7; Acts 1963, c.395, s.3.) As amendedby 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 rulesadopted by the state ethics commission. (b) A code of ethics adopted by rule or policy under this sectionmust 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 andmaintain, within all ports created under this chapter and in operationon July 1, 1975, areas for the use of the citizens of this state forpublic fishing from the shore. The ports of Indiana shall cooperatefully with the department of natural resources in the implementationof this section. However, if the site of any public fishing areaestablished under this section is subsequently leased to others foragricultural, industrial, or commercial purposes, or if required tomaintain port security, the ports of Indiana may limit or halt publicfishing 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, orpublic utility facilities; damages
Sec. 8. If the ports of Indiana shall find it necessary to change thelocation of any portion of any public road, highway, railroad, orpublic utility facility, the ports of Indiana shall cause the same to bereconstructed at such location as the division of government havingjurisdiction over such road, highway, railroad or public utility facilityshall deem most favorable and of substantially the same type and inas good condition as the original road, highway, or railroad or publicutility facility. The cost of such reconstruction, relocation, orremoval and any damage incurred in changing the location of anysuch road, highway, railroad, or public utility facility, shall beascertained and paid by the ports of Indiana as a part of the cost ofthe port or project. The ports of Indiana shall have authority topetition the circuit court of the county wherein is situated any publicroad or part thereof, affected by the location therein of any port orproject, for the vacation or relocation of such road or any part thereofwith the same force and effect as statutes in effect on March 2, 1961,to the inhabitants of any municipality or governmental subdivisionof the state. The proceedings upon such petition, whether it be for theappointment of appraisers or otherwise, shall be the same as providedby statutes in effect on March 2, 1961, for similar proceedings uponsuch petitions. In addition to the foregoing powers, the ports ofIndiana and the authorized agents and employees of the ports ofIndiana after proper notice, may enter upon any lands, waters, andpremises in the state for the purpose of making surveys, soundings,drillings, and examinations as are necessary or proper for thepurposes of this article, and such entry shall not be deemed atrespass, nor shall an entry for such purpose be deemed an entryunder 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 involvedat least five (5) days in advance of such entry, and provided, that nosurvey, sounding, drilling, and examination shall be made betweenthe rails, or so close to a railroad track, as would render said trackunusable. The ports of Indiana shall make reimbursement for anyactual damage resulting to such lands, waters, and premises and toprivate property located in, on, along, over, or under such lands,waters and premises, as a result of such activities. The state ofIndiana, subject to the approval of the governor, hereby consents tothe use of lands owned by the state of Indiana, including lands lyingunder water and riparian rights, which are necessary or proper for theconstruction or operation of any port or project, provided adequatecompensation is made for such use. The ports of Indiana shall alsohave power to make reasonable regulations for the installation,construction, maintenance, repair, renewal, relocation, and removalof tracks, pipes, mains, conduits, cables, wires, towers, poles, andother equipment and appliances (referred to in this section as "publicutility facilities") of any public utility in, on, along, over, or underany port or project. Whenever the ports of Indiana shall determinethat it is necessary that any such public utility facilities which are, onor after March 2, 1961, located in, on, along, over, or under any portor project should be relocated or should be removed from the port orproject, the public utility owning or operating such facilities shallrelocate or remove the same in accordance with the order of the portsof Indiana. However, the cost and expenses of such relocation orremoval, including the cost of installing such facilities in a newlocation or new locations, and the cost of any lands, or any rights orinterests in lands, and any other rights, acquired to accomplish suchrelocation or removal, shall be ascertained and paid by the ports ofIndiana as a part of the cost of the port or project, excepting,however, cases in which such equipment or facilities are locatedwithin the limits of highways or public thoroughfares beingconstructed, reconstructed, or improved under the provisions of thischapter. In case of any such relocation or removal of facilities, thepublic utility owning or operating the same, its successors or assigns,may maintain and operate such facilities, with the necessaryappurtenances, in the new location or new locations, for as long aperiod, and upon the same terms and conditions, as the public utilityhad the right to maintain and operate such facilities in their formerlocation or locations subject, however, to the state's right ofregulation 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 publicofficers; 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 deemadvisable for the control and regulation of any port or project ortraffic on any port or project, for the protection of and preservationof property under its jurisdiction and control, and for themaintenance and preservation of good order within the propertyunder its control, and such by-laws, rules and regulations shall bepublished in a newspaper of general circulation in Marion County,Indiana, and in such other manner as the ports of Indiana shallprescribe; however, such rules and regulations shall provide thatpublic officers shall be afforded ready access, while in performanceof their official duty, to all property under the jurisdiction or controlof the ports of Indiana without the payment of tolls.
(b) Such rules and regulations adopted under this section shall beadopted under IC 4-22-2.
(c) A person who violates a rule or regulation of the ports ofIndiana 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 andempowered to acquire by purchase whenever the ports of Indianashall deem such purchase expedient, any land, property, rights, rightsof way, franchises, easements, and other interests in lands, includinglands under water and riparian rights, as the ports of Indiana maydeem necessary or convenient for the construction and operation ofany port or project, upon such terms and at such price as may beconsidered by the ports of Indiana to be reasonable and can be agreedupon between the ports of Indiana and the owner thereof, and to taketitle thereto in the name of the state.
(b) The ports of Indiana is hereby further authorized andempowered to sell, transfer, and convey any such land or any interesttherein so acquired, or any portion thereof, when the same shall nolonger be needed for such purposes. The ports of Indiana is furtherauthorized and empowered to transfer and convey any such lands orinterest therein as may be necessary or convenient for theconstruction and operation of any port or project, or as otherwiserequired under the provisions of this article. However, no such saleshall be made without first obtaining the approval of the governor,and a sale may not be made at less than the appraised valueestablished by three (3) independent appraisers appointed by thegovernor. The ports of Indiana shall be authorized to restrict the useof any land so sold by the ports of Indiana and provide for areversion to the ports of Indiana in the event the land shall not beused for the purpose represented by the purchaser, and suchrestrictions and reversions shall be set out in appropriate covenantsin 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 grantoptions to lease, to others for development any portion of the landowned by the ports of Indiana, on such terms as the ports of Indianashall determine to be advantageous. All such leases or options tolease which leases cover a period of more than four (4) years shall besubject to the approval of the governor. Leases of lands under thejurisdiction or control of the ports of Indiana shall be made only forsuch uses and purposes as are calculated to contribute to the growthand development of ports, terminal facilities, and projects under thejurisdiction or control of the ports of Indiana. In the event the portsof Indiana shall lease to others a building or structure financed by theissuance of revenue bonds under IC 8-10-4, the transaction must bestructured as a self-liquidating or nonrecourse project (as defined inIC 8-10-4-1).
(d) No tenant, lessee, licensee, owner of real estate located withina port or project, or other person or entity has any right, claim, title,or interest in any real estate, personal property, or common propertyowned by the ports of Indiana, a port, a project, or the state, unlessa written agreement entered into by the ports of Indiana expresslyprovides:
(1) the exact nature and extent of the right, claim, title, orinterest;
(2) all the conditions under which the right, claim, title, orinterest 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.) Asamended 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 ofpublic utility or common carrier
Sec. 11. The ports of Indiana is hereby authorized and empoweredto acquire by appropriation, under the provisions of the eminentdomain law of the state, any land, including lands under water andriparian rights, property, rights, rights-of-way, franchises, easementsor other property necessary or proper for the construction or theefficient operation of any port or project. The ports of Indiana shallalso be empowered to exercise such powers of eminent domain asmay be conferred upon the ports of Indiana by an act of Congress ofthe United States now in force, or which may hereafter be enacted.Title to the property condemned shall be taken in the name of thestate of Indiana. Nothing herein shall authorize the ports of Indianato take or disturb property or facilities constituting all or part of anypresently existing or operating public port and nothing herein shallauthorize the ports of Indiana to take or disturb property or facilitiesbelonging to any public utility or to a common carrier engaged ininterstate commerce, which property or facilities are required for theproper and convenient operation of such public utility or common
carrier, unless provision is made for the restoration, relocation orduplication of such property or facilities elsewhere at the sole cost ofthe ports of Indiana excepting however, cases in which suchequipment or facilities are located within the limits of existinghighways 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 herebycreated, to be known as the Indiana port fund. Expenditures fromsaid fund shall be made only for the following:
(1) Acquisition of land, including lands under water andriparian rights, or options for the purchase of such land for aport or project site, and incidental expenses incurred inconnection 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 carryout 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 beadministered by the ports of Indiana, and all expenditures therefromshall be made by the ports of Indiana, subject, however, to theapproval by governor and the budget committee of all expendituresof moneys advanced to said fund by the state of Indiana. Requests forsuch approval shall be made in such form as shall be prescribed bythe budget committee, but expenditures for acquisition of landincluding lands under water and riparian rights, or options for thepurchase of such land, shall be specifically requested and approvedas to the land to be acquired and the amount to be expended. Notransfers from said fund to any other fund of the state shall be madeexcept pursuant to legislative action.
(b) Upon the sale of revenue bonds for any port or project, thefunds expended from the Indiana port fund in connection with thedevelopment of such port or project and any obligation or expenseincurred by the ports of Indiana for surveys, preparation of plans andspecifications, and other engineering or other services in connectionwith development of such port or project shall be reimbursed to thestate 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 andP.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 approvalrequired
Sec. 13. (a) Subject to the approval of the governor, the ports of
Indiana is hereby authorized to provide by resolution of thecommission, at one (1) time or from time to time, for the issuance ofrevenue bonds of the state for the purpose of paying all or any partof the cost of a port or project under this chapter or IC 8-10-4. Theprincipal of and the interest on such bonds shall be payable solelyfrom the revenues specifically pledged to the payment thereof. Thebonds 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 ofIndiana, and may be made redeemable before maturity, at the optionof the ports of Indiana, at such price or prices and under such termsand conditions as may be fixed by the ports of Indiana in theauthorizing resolution.
(b) The ports of Indiana shall determine the form of the bonds,including any interest coupons to be attached thereto, and shall fixthe denomination or denominations of the bonds and the place orplaces of payment of principal and interest which may be at any bankor trust company within or without the state.
(c) The bonds shall be signed in the name of the ports of Indianaby the chairman or vice chairman of the commission or chiefexecutive of the ports of Indiana, or by the facsimile signature of thechairman or vice chairman of the commission or chief executive ofthe ports of Indiana and the official seal of the ports of Indiana orfacsimile thereof, shall be affixed thereto and attested by thesecretary-treasurer of the commission, and any coupons attachedthereto shall bear the facsimile signature of the chairman of thecommission. In case any officer whose signature or a facsimile ofwhose signature shall appear on any bonds or coupons shall cease tobe such officer before the delivery of such bonds, such signature orsuch facsimile shall nevertheless be valid and sufficient for allpurposes the same as if the officer had remained in office until suchdelivery.
(d) All bonds issued under this article shall have and are herebydeclared to have all the qualities and incidents of negotiableinstruments under the negotiable instruments law of the state ofIndiana.
(e) The bonds may be issued in coupon or in registered form, orboth, as the ports of Indiana may determine, and provision may bemade for the registration of any coupon bonds as to principal aloneand also as to both principal and interest, and for the reconversioninto coupon bonds of any bonds registered as to both principal andinterest.
(f) The bonds shall be sold at public sale in accordance withIC 21-32-3, except as provided in IC 8-10-4.
(g) No action to contest the validity of any bonds issued by theports of Indiana under this article shall be commenced more thanthirty (30) days following the adoption of the resolution approvingthe bonds as provided in this article.
(h) The ports of Indiana shall cooperate with and use theassistance of the Indiana finance authority established under
IC 4-4-11 in the issuance of the bonds under this chapter orIC 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 destroyedbonds
Sec. 14. The proceeds of the bonds of each issue shall be usedsolely for the payment of the cost of the port or project for whichsuch bonds shall have been issued, and shall be disbursed in suchmanner and under such restrictions, if any, as the ports of Indianamay provide in the resolution authorizing the issuance of such bondsor in the trust agreement mentioned in this chapter securing the same.If the proceeds of the bonds of any issue, by error of estimates orotherwise, shall be less than such cost, additional bonds may in likemanner be issued to provide the amount of such deficit, and, unlessotherwise provided in the resolution authorizing the issuance of suchbonds or in the trust agreement securing the same, shall be deemedto be of the same issue and shall be entitled to payment from thatsame fund without preference or priority of the bonds first issued. Ifthe proceeds of the bonds of any issue shall exceed the cost of theport or project for which the same shall have been issued, the surplusshall 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 whensuch bonds shall have been executed and are available for delivery.The ports of Indiana may also provide for the replacement of anybonds which shall become mutilated or shall be destroyed or lost.Bonds and any other instruments or the security for the bonds andother instruments that are authorized by this article may be issuedunder the provisions of this article without obtaining the consent ofany officer, department, division, commission, board, bureau, oragency of the state, and without any other proceedings or thehappening 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 byresolution for the issuance of refunding bonds of the state payablesolely from revenues for the purpose of refunding any bonds thenoutstanding which shall have been issued under the provisions ofsection 13 of this chapter or IC 8-10-4-2, including the payment of
any redemption premium thereon and any interest accrued or toaccrue to the date of redemption of such bonds, and, if deemedadvisable by the ports of Indiana, for the additional purpose ofconstructing improvements, extensions, or enlargements of the portor project in connection with which the bonds to be refunded shallhave been issued. The issuance of such bonds, the maturities andother 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 samemay 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 issuedunder the provisions of this act may be secured by a trust agreementby and between the ports of Indiana and a corporate trustee, whichmay be any trust company or bank having the powers of a trustcompany within the state, except as provided in IC 8-10-4. Anyresolution adopted by the commission providing for the issuance ofrevenue bonds and any trust agreement pursuant to which such bondsare issued may pledge or assign all or any portion of the revenuesreceived or to be received by the ports of Indiana except such part asmay be necessary to pay the cost of the ports of Indiana'sadministrative expenses, operation, maintenance and repair and toprovide reserves therefor and depreciation reserves required by anybond resolution adopted or trust agreement executed by the ports ofIndiana, but the ports of Indiana shall not convey or mortgage anyport or project or any part thereof, except for self liquidating ornonrecourse projects under IC 8-10-4. In authorizing the issuance ofbonds for any particular port or project, the ports of Indiana maylimit the amount of such bonds that may be issued as a first lien andcharge against the revenues pledged to the payment of such bonds orthe ports of Indiana may authorize the issuance from time to timethereafter of additional bonds secured by the same lien to providefunds for the completion of the port or project on account of whichthe original bonds were issued, or to provide funds to pay the cost ofadditional projects undertaken in connection with the developmentof the port or project, or for both such purposes. Such additionalbonds shall be issued on such terms and conditions as may beprovided in the bond resolution or resolutions adopted by thecommission and in the trust agreement or any agreementsupplemental thereto and may be secured equally and ratably withoutpreference, priority, or distinction with the original issue of bonds ormay be made junior thereto. Any pledge or assignment made by theports of Indiana pursuant hereto shall be valid and binding from thetime that the pledge or assignment is made and the revenues sopledged and thereafter received by the ports of Indiana shall
immediately be subject to the lien of such pledge or assignmentwithout physical delivery thereof or further act. The lien of suchpledge or assignment shall be valid and binding against all partieshaving claims of any kind in tort, contract or otherwise against theports of Indiana irrespective of whether such parties have noticethereof. Neither the resolution nor any trust agreement by which apledge is created or assignment made need be filed or recordedexcept in the records of the ports of Indiana. Any such trustagreement or any resolution providing for the issuance of such bondsmay contain such provisions for protecting and enforcing the rightsand remedies of the bondholders as may be reasonable and properand not in violation of law, including, but not limited to, covenantssetting forth the duties of the ports of Indiana in relation to theacquisition of property and the construction, improvement,maintenance, repair, operation, and insurance of the port or projectin connection with which such bonds shall have been authorized, therates of fees, tolls, rentals, or other charges, to be collected for theuse of the project, and the custody, safeguarding, and application ofall moneys, and provisions for the employment of consultingengineers in connection with the construction or operation of suchproject. It shall be lawful for any bank or trust company incorporatedunder the laws of the state which may act as depository of theproceeds of bonds or other funds of the ports of Indiana, to furnishsuch indemnifying bonds or to pledge such securities as may berequired by the ports of Indiana. Any such trust agreement may setforth the rights and remedies of the bondholders and of the trustee,and may restrict the individual right of action by bondholders as iscustomary in trust agreements or trust indentures securing bonds ordebentures of private corporations. In addition to the foregoing, anysuch trust agreement may contain such other provisions as the portsof Indiana may deem reasonable and proper for the security of thebondholders. All expenses incurred in carrying out the provisions ofany such trust agreement may be treated as a part of the cost of theoperation 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 useof the ports, projects, terminal facilities, and lands under thejurisdiction or control of the ports of Indiana or services rendered bythe ports of Indiana, and the aggregate thereof shall provide revenuesat least sufficient to pay the cost of operation, maintenance, andrepair of the port or project and terminal facilities, including theadministration expenses of the ports of Indiana, and in case revenuebonds are issued, sufficient to pay the interest on and principal of thebonds in accordance with their terms, and also sufficient to establish
and maintain reserves created for all such purposes and fordepreciation purposes. The fixing and collection of such fees, tolls,rentals and other charges and the expenditure of the revenues derivedtherefrom shall not be subject to the supervision or regulation by anyother officer, commission, board, bureau, or agency of the state.After such bonds have been fully paid and discharged and allobligations under any trust agreement securing the same have beenperformed or satisfied, any remaining surplus net revenues and allsurplus net revenues thereafter derived from the operation of the portor 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 thischapter, whether as proceeds from the sale of bonds, from revenues,or otherwise, shall be deemed to be trust funds to be held and appliedsolely as provided in this chapter, but prior to the time when neededfor use may be invested to the extent and in the manner provided byIC 5-13-10.5, insofar as applicable. Such funds shall be kept indepositories designated as depositories for funds of the state asselected by the ports of Indiana, in the manner provided by thegoverning statutes in so far as applicable. The resolution of thecommission authorizing the issuance of bonds or the trust agreementsecuring such bonds shall provide that any officer to whom, or anybank or trust company to which, such money shall be entrusted, shallact as trustee of such money and shall hold and apply the same forthe purposes hereof, subject to the provisions of this chapter and ofthe 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 thischapter or any of the coupons appertaining thereto, and the trusteeunder any trust agreement, except to the extent the rights given inthis chapter may be restricted by the authorizing resolution or trustagreement, may, either at law or in equity, by suit, action, mandamus,or other proceedings, protect and enforce any and all rights under thestatutes of the state or granted under this chapter or under such trustagreement, or the resolution authorizing the issuance of such bonds,and may enforce and compel the performance of all duties requiredby this chapter or by such trust agreement or resolution to beperformed by the ports of Indiana or by any officer thereof, includingthe fixing, charging, and collecting of fees, tolls, rentals, or othercharges 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 thischapter, when constructed and placed in operation shall bemaintained and kept in good condition and repair by the ports ofIndiana. Each such project shall also be policed and operated by suchforce of police, tolltakers, and other operating employees as the portsof Indiana may in its discretion employ. All public or privateproperty damaged or destroyed in carrying out the powers granted bythis chapter shall be restored or repaired and placed in its originalcondition as nearly as practicable or adequate compensation madetherefor 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 toports of Indiana
Sec. 21. All counties, cities, towns, townships, and other politicalsubdivisions and all public agencies and commissions of the state,notwithstanding any contrary provision of law, are hereby authorizedand empowered to lease, lend, grant, or convey to the ports ofIndiana at its request upon such terms and conditions as the properauthorities of such counties, cities, towns, townships, other politicalsubdivisions or public agencies and commissions of the state maydeem reasonable and fair and without the necessity for anadvertisement, order of court, or other action or formality, other thanthe regular and formal action of the authorities concerned, any realor personal property owned by any such municipality orgovernmental subdivision which may be necessary or convenient tothe 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 booksand accounts to be made at least once each year by certified publicaccountants, and the cost thereof may be treated as a part of the costof construction or of operations of the ports and projects of the portsof Indiana. The accounts, books, and records of the ports of Indianashall be audited annually by the state board of accounts, and the costof such audit may be treated as a part of the cost of construction orof operations of the ports and projects of the ports of Indiana.
(b) The ports of Indiana shall, following the close of each fiscalyear, submit an annual report of its activities for the preceding year
to the governor, the budget committee, and the general assembly. Anannual report submitted under this section to the general assemblymust be in an electronic format under IC 5-14-6. Each report shall setforth a complete operating and financial statement for the ports ofIndiana 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 ofthe ports of Indiana who knowingly is interested in any contract withthe ports of Indiana, or in the sale of any property, either real orpersonal, to the ports of Indiana, commits a Class A misdemeanor.All such contracts are void. This section does not apply to contractsfor purchases of property, real or personal, between the ports ofIndiana and other departments, municipalities, or subdivisions ofstate 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 stateand its inhabitants, shall be liberally construed to effect the purposesthereof.
(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 theprovisions of this article shall constitute legal investments for anyprivate 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 safedeposit companies, rural loan and savings associations, guaranty loanand savings associations, mortgage guaranty companies, small loancompanies, and industrial loan and investment companies, and anyother financial institutions organized under Indiana statutes. Thebonds are also made securities that may be deposited with andreceived by all public officers and bodies of Indiana or any agencyor political subdivision of Indiana and all municipalities and publiccommissions for any purpose for which the deposit of bonds or otherobligations 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 andP.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 bejournalized and said journal shall be open to the inspection of thepublic 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 willbe in all respects for the benefit of the people of the state, for theincrease of their commerce and prosperity, and for the improvementof their health and living conditions.
(b) As the operation and maintenance of a port or project by theports of Indiana will constitute the performance of essentialgovernmental functions, the ports of Indiana shall not be required topay any taxes or assessments upon any port or project or anyproperty acquired or used by the ports of Indiana under theprovisions of this article or upon the income therefrom. The bondsissued by the ports of Indiana, the interest thereon, the proceedsreceived by a holder from the sale of such bonds to the extent of theholder's cost of acquisition, or proceeds received upon redemptionprior to maturity or proceeds received at maturity, and the receipt ofsuch interest and proceeds shall be exempt from taxation in the stateof Indiana for all purposes except the financial institutions taximposed under IC 6-5.5 or a state inheritance tax imposed underIC 6-4.1.
(c) Notwithstanding any other statute, a lessee's leasehold estatein land that is part of a port and that is owned by the state or the portsof Indiana is exempt from property taxation. However, an exemptionunder 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 andP.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; biddingrequired; emergency exception; violations a Class D felony
Sec. 29. (a) Unless the ports of Indiana declares an emergency, theports of India