CHAPTER 4. PORTS OF INDIANA.JURISDICTION AND BONDING POWERS
IC 8-10-4
Chapter 4. Ports of Indiana.Jurisdiction and Bonding Powers
IC 8-10-4-1
"Self-liquidating or nonrecourse project"
Sec. 1. (a) As used in this chapter, "self-liquidating ornonrecourse project" means:
(1) a project for which a lease or leases have been executedproviding for payment in an amount the ports of Indianadetermines to be sufficient to pay:
(A) the interest and principal of the bonds to be issued tofinance the cost of the project; and
(B) all costs of maintenance, repair, and insurance of theproject; or
(2) a project that is structured in such a manner that the ports ofIndiana determines there is no recourse against the state or theports of Indiana.
(b) Other words and terms used in this chapter shall have the samemeaning as in IC 8-10-1-2 and the other provisions of this article,unless otherwise specifically provided.
(Formerly: Acts 1969, c.292, s.1.) As amended by P.L.66-1984,SEC.18; P.L.224-2003, SEC.226 and P.L.271-2003, SEC.26;P.L.232-2005, SEC.8; P.L.98-2008, SEC.45.
IC 8-10-4-2
Revenue bonds; application of bidding and public works statutes;governor approval required
Sec. 2. (a) In addition to the powers conferred upon the ports ofIndiana by other provisions of this article, and subject to subsection(b), the ports of Indiana, in connection with any self-liquidating ornonrecourse project, shall have the following powersnotwithstanding any other provision of this article to the contrary:
(1) The revenue bonds issued by the ports of Indiana to financethe cost of such self-liquidating or nonrecourse project may beissued without regard to any maximum interest rate limitationin this article or any other law.
(2) The revenue bonds issued by the ports of Indiana to financethe cost of such self-liquidating or nonrecourse project may besold in such manner, either at public or private sale, as the portsof Indiana may determine, and the provisions of IC 21-32-3shall not be applicable to such sale.
(3) IC 4-13.6, IC 5-16-1, IC 5-16-2, IC 5-16-3, IC 5-16-5,IC 5-16-5.5, IC 5-16-6, IC 5-16-6.5, IC 5-16-8, IC 5-16-9,IC 5-16-10, IC 5-16-11, IC 5-16-11.1, IC 8-10-1-7(12),IC 8-10-1-29, and IC 36-1-12 do not apply to a self-liquidatingor nonrecourse project.
(b) The issuance of revenue bonds by the ports of Indiana underthis chapter is subject to the approval of the governor.
(Formerly: Acts 1969, c.292, s.2.) As amended by P.L.66-1984,SEC.19; P.L.224-2003, SEC.227 and P.L.271-2003, SEC.27;
P.L.235-2005, SEC.112; P.L.232-2005, SEC.9; P.L.1-2006,SEC.154; P.L.2-2007, SEC.136; P.L.98-2008, SEC.46.
IC 8-10-4-3
Charges of lessees
Sec. 3. Any lease of a project may provide that the lessee, as itsreasonable portion of the ports of Indiana's administrative expenseincurred by the ports of Indiana during the term of the lease whichthe lessee is required to pay by IC 8-10-1-10, shall pay to the portsof Indiana for the use of the harbor, the public docking facilities andpublic wharves and piers, all harbor, dockage, and wharfage chargesestablished by the ports of Indiana.
(Formerly: Acts 1969, c.292, s.3.) As amended by P.L.66-1984,SEC.20; P.L.224-2003, SEC.228 and P.L.271-2003, SEC.28;P.L.98-2008, SEC.47.
IC 8-10-4-4
Valuation of land for project site
Sec. 4. The cost of any project may include, instead of the cost ofthe acquisition of the land constituting the site of such project, thevalue of such land as determined by the ports of Indiana. Theproceeds of any revenue bonds representing the value of such landshall be deposited in the Indiana port fund.
(Formerly: Acts 1969, c.292, s.4.) As amended by P.L.224-2003,SEC.229 and P.L.271-2003, SEC.29; P.L.98-2008, SEC.48.
IC 8-10-4-5
Contracts for use of license, process, or device
Sec. 5. The ports of Indiana may contract for the use of anylicense, process or device, whether patented or not, which the portsof Indiana finds is necessary for the operation of any project, andmay permit the use thereof by any lessee on such terms andconditions as the ports of Indiana may determine. The cost of suchlicense, process, or device may be included as part of the cost of theproject.
(Formerly: Acts 1969, c.292, s.5.) As amended by P.L.224-2003,SEC.230 and P.L.271-2003, SEC.30; P.L.98-2008, SEC.49.
IC 8-10-4-6
Application of certain provisions
Sec. 6. The following provisions apply to this chapter:
(1) IC 8-10-1-4.
(2) IC 8-10-1-10.
(3) IC 8-10-1-13.
(4) IC 8-10-1-14.
(5) IC 8-10-1-15.
(6) IC 8-10-1-16.
(7) IC 8-10-1-19.
(8) IC 8-10-1-25.
(9) IC 8-10-1-27. (10) IC 8-10-1-30.
As added by P.L.224-2003, SEC.231 and P.L.271-2003, SEC.31.