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 toauthority of this chapter.
(2) The terms "port" or "harbor" may be used interchangeablyand when used in this chapter shall mean any area used forservicing, storing, protecting, mooring, loading or unloading, orrepairing any watercraft, on or adjacent to any body of waterwhich may be wholly or partially within or wholly or partiallyadjacent to the state of Indiana. The terms include a breakwaterarea.
(3) The term "watercraft" shall mean any vessel, barge, boat,ship, tug, sailingcraft, skiff, raft, inboard or outboard propelledboat, or any contrivance known on March 13, 1959, or inventedafter March 13, 1959, used or designed for navigation of or useupon 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 thecity, county, or counties wherein such publication is required tobe made.
(5) The term "governing body" shall mean the legislativeauthority of the governmental unit or units establishing orhaving established a port authority under the provisions of thischapter.
(Formerly: Acts 1959, c.343, s.1; Acts 1961, c.247, s.1.) As amendedby P.L.66-1984, SEC.21; P.L.103-1993, SEC.1.
IC 8-10-5-2
Ordinance or resolution authorizing creation; actions by oragainst; contracts
Sec. 2. (a) Any municipal corporation, county, or any combinationof a municipal corporation, municipal corporations, county, orcounties may create a port authority and there may be created a portauthority in a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand (700,000).Such authority may operate in addition to any municipal authoritythat may be created under this chapter. A municipal corporation shallact by ordinance, and a county shall act by resolution of the countycommissioners in authorizing the creation of a port authority. A portauthority created hereunder shall be a body corporate and politicwhich may sue and be sued, plead and be impleaded, and shall havethe powers and jurisdiction enumerated in this chapter. The exerciseby such port authority of the powers conferred upon it shall bedeemed to be essential governmental functions of the state ofIndiana, but no port authority shall be immune from liability byreason thereof. (b) In the exercise of the powers and authorities herein grantedsaid port authority shall have power to make and enter into any andall contracts that may be necessary to effectuate the purposes of thischapter. Except as otherwise expressly provided by this chapter, acontract made by a port authority is not subject to ratification by anyother 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 municipalcorporations
Sec. 3. Any county, which seeks to create a port authority shall,prior to such creation of a port authority, and prior to the exercisingof the hereinafter described rights, compensate in full the municipalcorporations included in the territory of such county, in an amountof money equal to the waterfront investment of such municipalcorporations in the territory or adjoining lands including but notlimited to appropriations, expenditures, charges for materials used orlabor performed by public officials or employees of said municipalcorporation in the placing, construction, development, orimprovement of land fills; waterfront shoreways or highways;bulkheads; connecting ways; tracts, breakwaters; soil erosionprojects; harbor improvements; public beaches; boat harbor facilities;drainage systems; docks; bridges; wharves; piers; places; ways;buildings and appurtenances; sewers; public utility facilities forpower, light, heat or water; dredging or channel improvementprojects; communications systems; and lakefront improvements.Such municipal corporations may decline to demand compensationfor any of the foregoing components of their waterfront investmentand thereby retain their possession, custody, control, and propertyinterest in the component for which no compensation is demanded.
Such compensation paid to the municipal corporation may not bederived or take origin directly or indirectly from levies, taxes,assessments, fees, or charges of any kind or nature which wereimposed or will be imposed upon the citizens, electors or taxpayersof 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 orparticipating in the creation of a port authority may expend funds nototherwise appropriated to defray the expense of surveys andexaminations incidental to the purposes of the port authority socreated.
Subject to making due provisions for payment and performanceof its obligations, a port authority may be dissolved by thesubdivision or subdivisions creating it, and in such event the
properties of the port authority shall be transferred to the subdivisioncreating it, or if created by more than one subdivision, to thesubdivision creating it in such manner as may be agreed uponbetween 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 theprovisions of this chapter shall be governed by a board of directors.Except as provided in subsection (c), members of a board of directorsof a port authority created by the exclusive action of a municipalcorporation shall consist of the number of members it deemsnecessary and be appointed by the mayor with the advice and consentof the common council. Members of a board of directors of a portauthority created by the exclusive action of a county shall consist ofsuch members as it deems necessary and be appointed by the countycommissioners of such county. Members of a board of directors ofa port authority created by a combination of political subdivisionsshall be divided among such political subdivisions in suchproportions as such political subdivisions may agree and appointedin the same manner as this section provides for their appointmentwhen such political subdivision creates its own port authority. Whena port authority is created by a combination of political subdivisions,the number of directors composing the board shall be determined byagreement between such political subdivisions.
(b) In the case of a port authority created under section 2 of thischapter in a county having a population of more than four hundredthousand (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 havingthe largest populations, and the mayor of the city having the largestpopulation shall appoint any remaining member or members. Theboard shall be appointed as follows:
(1) The mayors of the three (3) cities in the county having thelargest 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 andappoint persons of such political faith as to make the board ofdirectors a bipartisan body.
(3) If a city is entitled to a second appointment, the mayor shallmake the appointment subject to retaining the board's bipartisanstatus.
(4) In no event may more than three (3) board members residingin 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 undersection 2 of this chapter by the exclusive action of a municipal
corporation in a city having a population of more than seventy-fivethousand (75,000) but less than ninety thousand (90,000). The boardof directors of the port authority consists of five (5) membersappointed as follows:
(1) Three (3) members appointed by the mayor of the city.
(2) Two (2) members appointed by the legislative body of thecity.
(d) The appointing authority may at any time remove a directorappointed by it for misfeasance, nonfeasance, or malfeasance inoffice.
(e) At the time of appointment, a director must be a resident ofone (1) of the following:
(1) The political subdivision from which the director isappointed.
(2) The county within which the port authority is established.
At all times, a majority of the directors must be residents of thepolitical subdivisions from which the members are appointed.
(f) The directors of any port authority first appointed shall servestaggered terms. Thereafter each successor shall serve for a term offour (4) years, except that any person appointed to fill a vacancyshall be appointed to only the unexpired term and any director shallbe eligible for reappointment.
(g) The directors shall elect one (1) of their membership aschairman, and another as vice chairman, and shall designate theirterms of office, and shall appoint a secretary who need not be adirector. A majority of the board of directors shall constitute aquorum the affirmative vote of which shall be necessary for anyaction taken by the port authority. No vacancy in the membership ofthe board shall impair the rights of a quorum to exercise all the rightsand perform all the duties of the port authority.
(h) Each member of the board of directors of a port authority shallbe entitled to receive from the port authority such sum of money asthe board of directors may determine as compensation for themember's service as director and reimbursement for the member'sreasonable expenses in the performance of the member's duties.
(Formerly: Acts 1959, c.343, s.5; Acts 1975, P.L.86, SEC.2.) Asamended 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 mayexpand its jurisdiction to include any other unit (as defined inIC 36-1-2-23) that desires to join the expanded authority. Thelegislative body (as defined in IC 36-1-2-9) of each unit that is in theauthority shall by ordinance determine the number of directors on theboard of the expanded authority and any other terms of the expansionthat it considers appropriate. The legislative body of each unit thatdesires to join the authority shall by ordinance agree to join theauthority 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 asit may require to conduct the business of the port and may appoint anadvisory board which shall serve without compensation. Anyemployee may be suspended or dismissed, and the services ofprofessional help may be terminated at any time by the portauthority.
(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 thischapter may establish a retirement plan for the benefit of the portauthority's railroad employees and past railroad employees who arenot members of the public employees' retirement fund.
(b) If a port authority establishes a retirement plan undersubsection (a), the port authority may do the following:
(1) Provide for the method, manner, and amount ofcontributions by the:
(A) port authority out of the port authority's railroadrevenues or reserves; and
(B) railroad employees of the port authority, if required bythe retirement plan.
(2) Create an account for the retirement plan and allocate to theaccount contributions sufficient to establish the retirement planon a sound actuarial basis, including contributions for pastservices of employees.
(c) A retirement plan established under subsection (a) may notrequire 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 orsubdivisions 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 thepolitical subdivision or subdivisions that created the portauthority;
however, the same area may not be included in the jurisdiction ofmore 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 andshall have full power and authority independent of any politicalsubdivision to do the following:
(1) Purchase, construct, sell, lease, and operate docks, wharves,warehouses, piers, and other port, terminal, or transportationfacilities within its jurisdiction consistent with the purposes ofthe 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 necessaryor proper in the development of the facilities of such port.
(3) Establish dock lines, piers, and other facilities necessary tothe conduct of pleasure boating within the territory under thejurisdiction of the port authority.
(4) Regulate and enforce the regulation of all uses and activitiesrelated to the port in the area under the jurisdiction of the portauthority and determine the use of land adjacent to waters underthe jurisdiction of the port authority within a reasonabledistance from the shore lines of such waters. However, thissubdivision does not:
(A) affect the requirement that special standards for the safeoperation of watercraft on public waters must be adopted byrule by the department of natural resources underIC 14-15-7-3; or
(B) authorize the assessment by the port authority of acharge or fee for the passage of a watercraft through thenavigable waters of the state.
(5) Acquire, own, hold, sell, lease, or operate real or personalproperty for the authorized purposes of the port authority.
(6) Apply to the proper authorities of the United States pursuantto appropriate law for the right to establish, operate, andmaintain foreign trade zones within the limits of the portauthority and establish, operate, and maintain such foreign tradezones.
(7) Exercise the right of eminent domain to appropriate anyland, rights, rights-of-way, franchises, easements, or otherproperty necessary or proper for the construction or the efficientoperation of any facility of the port authority, award damagesto landowners for real estate and property rights appropriatedand taken or injuriously affected, and in case the board ofdirectors of the port authority cannot agree with the owners,lessees, or occupants of any real estate selected by them for thepurposes herein set forth, proceed to procure the condemnationof the same as hereinafter provided, and in addition thereto,when not in conflict or inconsistent with the express provisionsof this chapter, proceed under the general laws of the state ofIndiana governing the condemnation of lands and therights-of-way for other public purposes which may be in forceat the time, and the provisions of such laws are hereby extended
to ports and harbors and to the properties of port authorities asprovided for herein so far as the same are not in conflict orinconsistent with the terms of this chapter. In any suchproceeding prosecuted by the board of directors of a portauthority to condemn or appropriate any land or the use thereofor any right therein for purposes permitted by this chapter, theboard and all owners and holders of property or rights thereinsought to be taken shall be governed by and have the samerights as to procedure, notices, hearings, assessments of benefitsand awards, and payments thereof as are now or may hereafterbe prescribed by law for the appropriation and condemnation ofreal estate, and such property owners shall have like powers andrights as to remonstrance and of appeals to the circuit orsuperior courts in the county in which such property sought tobe appropriated is located. However, the payment of alldamages awarded for all lands and property or interests orrights therein appropriated under the provisions of this chaptershall be paid entirely out of funds under the control of such portauthority, except for the following:
(A) Upon written application of any property owneraffected, any municipal corporation, or, as to areas outsidethe 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 hearinghad thereon, may revoke the right of eminent domain to beexercised by the port authority as to any parcel or parcels ofland inside its borders within sixty (60) days after the portauthority has by resolution announced the lands, rights,rights-of-way, franchises, easements, or other property to betaken.
(B) Nothing herein contained shall authorize a port authorityto take or disturb property or facilities belonging to anypublic corporation, public utility, or common carrier, whichproperty or facilities are necessary and convenient in theoperation of such public corporation, public utility, orcommon carrier, unless provision is made for the restoration,relocating, or duplication of such property or facilities, orupon the election of such public corporation, public utility,or common carrier, for the payment of compensation, if anyat the sole cost of the port authority, subject to the following:
(i) If any restoration or duplication proposed to be madehereunder shall involve a relocation of such property orfacilities, the new facilities and location shall be of at leastcomparable utilitarian value and effectiveness and suchrelocation shall not impair the ability of the public utilityor common carrier to compete in its original area ofoperation.
(ii) Provisions for restoration or duplication shall bedescribed in detail in the resolution for appropriationpassed by the port authority. (8) Accept, receive, and receipt for federal moneys, and othermoneys, either public or private, for the acquisition,construction, enlargement, improvement, maintenance,equipment, or operation of a port or harbor or other navigationfacilities, and sites therefor and comply with the provisions ofthe laws of the United States and any rules and regulationsmade thereunder for the expenditure of federal moneys uponsuch ports and other navigation facilities.
(9) Maintain such funds as it deems necessary.
(10) Direct its agents or employees, when properly identified inwriting, and after at least five (5) days written notice, to enterupon lands within the confines of its jurisdiction in order tomake surveys and examinations preliminary to location andconstruction of works for the purposes of the port authority,without liability of the port authority or its agents or employeesexcept for actual damage done.
(11) Sell or lease real and personal property not needed for theoperation of the port authority and grant easements orrights-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 andshipping interests, and appear before rate making authorities torepresent and promote the interests of the port.
(13) Borrow money and secure the borrowing by a pledge of thefollowing:
(A) Accounts receivable.
(B) A security interest in capital equipment for which theproceeds of the loan are used.
(C) Other security, including the excess of unobligatedrevenues over operating expenses.
(b) The term of a loan authorized by subsection (a)(13) may notexceed thirty-five (35) years.
(Formerly: Acts 1959, c.343, s.8; Acts 1965, c.390, s.1.) As amendedby 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 thischapter, the port authority may contract for, accept, or otherwiseacquire and maintain railroad property and rights-of-way. The portauthority may accept and expend funding from any source, and mayissue revenue bonds, for the construction, operation, andmaintenance of the property and rights-of-way and the lease orpurchase of all necessary equipment and appurtenances tosuccessfully operate a railroad over the rights-of-way. The powersgranted, and procedures provided for, by this chapter shall extend toany authority created pursuant to this chapter even though therailroad 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 populationof more than four hundred thousand (400,000) but less than sevenhundred thousand (700,000), shall have all the powers of portauthorities provided under section 8 of this chapter except the powerto exercise eminent domain as provided in section 8(7) of thischapter in any city having a population of:
(1) more than seventy-five thousand (75,000) but less thanninety thousand (90,000); or
(2) more than thirty-two thousand (32,000) but less thanthirty-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 ormunicipalities creating the port authority that they authorize generalobligations, mortgage, or revenue bonds for any one (1) or more ofthe 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 operationof the port authority or the port or harbor within its jurisdiction.
(3) To refund outstanding bonds and matured interest couponsand 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 theboard shall disclose the purpose for which the bond issue isproposed, the amount of the proposed issue, and all other pertinentdata. At least ten (10) days before the date set for hearing, the boardshall publish in two (2) newspapers of general circulation in the city,county, counties, or other municipalities involved, a notice of thedate, 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 ofdirectors of the port authority and if it approves shall provide for theadvertisement and sale of the issue in compliance with IC 5-1-11. Forpurposes of this chapter, IC 5-1-11 applies as fully to mortgagebonds as to general obligation or revenue bonds.
(d) Bonds issued under the authority of this chapter are notsubject to limitations on interest rates.
(e) The governing body shall fix the date, time, and place ofpayment of principal and interest, but no issue may have a maturitydate later than forty (40) years after date of issue. (f) Bonds issued under this chapter, together with the interestthereon, are tax exempt.
(g) The governing body shall apply the proceeds from the sale ofbonds exclusively to the purposes for which the bonds were issuedand only to the extent necessary therefor. Any remaining balanceshall be placed in a sinking fund for the payment of the bonds andthe interest on the bonds.
(h) This chapter does not affect obligations existing before July1, 2010, on outstanding bonds. If a board of directors or a portauthority is discontinued, as provided in section 4 of this chapter, theprimary obligations on its bonds remain unaffected. In addition, thecity or county or municipalities involved in the issuance of bondsshall assume liability for the payment of the bonds according to theirterms 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, aport authority may sell, lease, or enter into a royalty contract for thenatural or mineral resources of land that it owns. Money receivedfrom these sources shall be deposited in the nonreverting capital fundof 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 orcause 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 setforth the location and character of the work to be undertaken by theport authority. Upon the completion of such plan, the board ofdirectors shall cause notice by publication as provided in section 1of this chapter, to be given in each county in which there is apolitical subdivision participating in the creation of the portauthority, and shall likewise cause notice to be served upon theowners of the uplands contiguous to any submerged lands affectedby such plan in the manner provided by law for service of notice inthe levy of special assessments by municipal corporations, and shallpermit the inspection thereof at their office by all persons interested.Said notice shall fix the time and place for the hearing of allobjections to said plan which time shall be not less than ten (10) normore than thirty (30) days from the date of last publication of saidnotice. Any interested person may file written objections to suchplan, provided such objections are filed with the secretary of theboard of directors at his office not less than five (5) days prior to thedate fixed for said hearing. After said hearing, the board of directorsmay 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 amendedby 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 theadoption of said official plan, have the power to modify, amend, orextend the same, provided that upon the making of any suchmodification, amendment, or extension thereof, the board of directorsshall cause notice to be given and shall conduct a hearing, all asprovided in section 9 of this chapter, and shall not adopt anymodification, amendment, or extension until the notice has beengiven 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 extensionthereof, when adopted by the board of directors after notice andhearing shall be final and conclusive and its validity shall beconclusively presumed.
(Formerly: Acts 1959, c.343, s.11.)
IC 8-10-5-12
Private enterprise; participation in construction and operation offacilities
Sec. 12. The port authority shall foster and encourage theparticipation of private enterprise in the development of the portfacilities to the fullest extent it deems practicable in the interest oflimiting the necessity of construction and operation of such facilitiesby the port authority. In this respect the port authority may upon itsown motion or upon the written request of any other party advertiseand solicit for the construction, operation and/or maintenance of anyfacility included in the development plan in accordance to plans,specifications and regulations therefor prepared by the board ofdirectors.
It is further provided that in the event the board of directors deemsit advisable and practicable, said board may cause certain facilitiesincluded in the development plan to be installed by private enterpriseand leased back to the port authority on an instalment contract oroption to purchase. The exercise of any power granted to the portauthority under the provisions of this section shall be consummatedand regulated in accordance with detailed provisions set out andenacted into proper legislation by the governing body or governingbodies 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 orwhich shall be hereafter created by a city, town or county acting asa singular government unit or which after its creation has come underthe jurisdiction of a city, town, or county as a singular governmentunit, has been authorized by the governing body of the city, town, orcounty to issue and sell revenue bonds for the purpose of obtainingfunds with which to construct, purchase, lease, operate, maintain, orimprove facilities included in the development plan or amendmentthereof, 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 andthe chairman of the board of directors of the port authority; and
(3) attested to by the clerk or clerk-treasurer of the city or townor auditor if a county.
(b) In authorizing revenue bonds and providing for the issuanceand sale thereof, the governing body of the city, town, or countyshall, by ordinance, consistent with pertinent statutes, provide allnecessary details concerning the form and tenor of the revenuebonds, the amount thereof, the maturity dates, the provision forpayment of principal and interest, the negotiability, and all otherdetails, requirements, regulations, or specifications necessary tomake the revenue bonds acceptable and legal instruments.
(c) The governing body shall, in its ordinance, make provision forthe expenditure of the funds derived from the sale of the revenuebonds in accordance with the purposes for which the issuance andsale was authorized. The governing body shall specifically providefor the allocation of income and revenue of the port authority into thefund or funds as may be necessary to properly secure theaccumulation of money in a separate account or accounts for use inthe payment of principal and interest of the revenue bonds as theybecome due and payable.
(Formerly: Acts 1959, c.343, s.12a; Acts 1961, c.247, s.5.) Asamended 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 thepayment of revenues derived from public property into sinkingfunds or dedicating such revenues to specific purposes;
(b) impair the powers of any county, township, or municipalcorporation to develop or improve port and terminal facilities;or
(c) impair or interfere with the exercise of any permit for theremoval of sand or gravel, or other similar permits issued bythis 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 landor property
Sec. 15. Contracts for the creation, construction, alteration, orrepair of any building, structure, or other improvement undertakenby a port authority created in accordance with this chapter shall belet in accordance with IC 36-1-12. No lease or sale of any lands orproperty shall be made by the port authority unless notice calling forbids for the same shall have been given by publication as providedby this chapter. No such lease or sale shall be made, except to thehighest and best bidder. In the case of any lease or sale of land by theport authority, specifications for the bids for such lease or sale shallbe in such form and detail as shall be determined by the portauthority.
(Formerly: Acts 1959, c.343, s.14; Acts 1965, c.390, s.2.) Asamended 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 annuallyprepare a budget for the port authority.
Rents and charges received by the port authority shall be used forthe general expenses of the port authority and to pay interest,amortization, and retirement charges on money borrowed. If thereremains, at the end of any calendar year, any surplus of such fundsafter providing for the above uses, the board of directors may paysuch surplus into the general funds of the political subdivisionscreating and comprising the port authority in proportions to thetaxable value of all property within the port authority which shall belisted 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, byresolution, recommend to any municipal corporation or county thata cumulative channel maintenance fund be established underIC 6-1.1-41 to provide funds for the:
(1) dredging of channels;
(2) cleaning of channels and shores of debris and any otherpollutants;
(3) purchase, renovation, construction, or repair of bulkheads,pilings, docks, and wharves;
(4) purchase and development of land adjoining channels withinthe jurisdiction of the port authority and which land is necessaryto the fulfillment of the plan adopted by the port authority forthe future development, construction, and improvement of itsfacilities. The purchased and developed land shall be availableto the residents of the taxing district without further charge; or (5) regulation and enforcement of regulation of all uses andactivities related to waters that are under the jurisdiction of theport authority.
(b) To provide for the cumulative channel maintenance fund:
(1) a county, city, or town fiscal body may levy a tax incompliance with IC 6-1.1-41 not to exceed three and thirty-threehundredths 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 chaptermay 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 marinalaunch fee collected under subsection (b) shall be held in thecumulative channel maintenance fund established under subsection(a).
(Formerly: Acts 1959, c.343, s.16; Acts 1972, P.L.67, SEC.1.) Asamended 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 portauthority shall furnish bond in such amount as shall be determinedby the port authority, with sureties satisfactory to it, and all fundscoming into the hands of said secretary shall be deposited by him tothe account of the port authority in one (1) or more depositories asshall be qualified to receive deposits of funds, in the same manner asis done by the city or county creating such port authority, whichdeposits shall be secured in the same manner as such city or countyfunds are required to be secured. No disbursements shall be madefrom such funds except in accordance with rules and regulationsadopted 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 emergencymeasure, necessary for the immediate preservation of the publicpeace, health, and safety. The reason for such necessity lies in thefact that the provisions of this chapter should become effectiveimmediately in order to permit the prompt organization of portauthorities to take advantage of the St. Lawrence Seaway projectauthorized by the Congress, thereby advancing the interests and thewelfare 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 intosuch contracts or other arrangements with the United Statesgovernment, or any department thereof, with persons, railroads, orother corporations, with public corporations, and with the stategovernment of this or other states, with counties, municipalities,townships, or other governmental agencies created by or under theauthority of the laws of the state of Indiana, including sewerage,drainage, conservation, conservancy, or other improvement districtsin this or other states as may be necessary or convenient for theexercise 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 violationof the Indiana Constitution. The board of directors may purchase,lease, or acquire land or other property in any county of the state ofIndiana and in adjoining states for the accomplishment of anauthorized purpose of the port authority, or for the improvement ofthe harbor and port facilities over which the port authority may havejurisdiction, and may let contracts or spend money for making suchimprovements 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 channelthat is ordinarily navigable to Lake Michigan.
(b) The fiscal body of a city described in subsection (a) mayimpose an annual docking fee upon each watercraft that is docked formore than twenty-nine (29) days during a year in waters that areunder 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 forwatercraft of thirty (30) feet or less; and
(2) not more than one dollar and fifty cents ($1.50) per foot forwatercraft over thirty (30) feet.
(d) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a portauthority created by a city under this chapter; and
(2) where a watercraft is docked;
shall collect the annual docking fee imposed on the watercraft underthis section. Not later than the fifteenth day of each month, eachmarina, dock, or port shall remit to the city fiscal officer the amountof fees collected under this section during the immediately preceding
month.
(e) Annual docking fees imposed under this section by a citydescribed in subsection (a) shall be deposited in the cumulativechannel maintenance fund established under section 17 of thischapter.
(f) Upon collecting an annual docking fee imposed on a watercraftunder this section, a marina, dock, or port shall issue to the owner ofthe watercraft a decal that indicates the year for which the fee underthis section has been paid.
(g) The decal issued under subsection (f) must be displayed on thewatercraft during the year for which the decal is issued. A watercraftthat displays a valid annual docking fee decal under this subsectionis not subject to:
(1) annual docking fees imposed at other marinas, docks, orports 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 includea channel that is ordinarily navigable to Lake Michigan there existunique problems related to necessary dredging and cleaning ofchannels used by boats that operate on the Great Lakes. These uniqueproblems may be alleviated by the authorization of a docking feeunder 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 inthe creation under this chapter of a port authority that includes achannel that is ordinarily navigable to Lake Michigan may impose amarina launch fee for a watercraft that is launched from a marina,dock, or port located on waters that are under the jurisdiction of theport authority created by the city.
(b) The owner of a watercraft subject to a fee under this sectionshall 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 ofthirty (30) feet or less in length; or
(B) one dollar and fifty cents ($1.50) per foot for watercraftover thirty (30) feet in length.
(c) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a portauthority 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 underthis section. Not later than the fifteenth day of each month, eachmarina, dock, or port shall remit to the city fiscal officer the amountof fees collected under this section during the immediately precedingmonth. (d) The marina launch fees imposed under this section by a citydescribed in subsection (a) shall be deposited in the cumulativechannel maintenance fund established under section 17 of thischapter.
(e) Upon collecting a fee under this section, a marina, dock, orport shall issue to the person who owns the watercraft:
(1) a paper permit that indicates the day for which the fee waspaid, 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, inthe case of an annual marina launch fee.
(f) The decal or permit issued under subsection (e) must bedisplayed on the watercraft during the period for which the decal orpermit is issued. A watercraft that displays a valid annual marinalaunch decal or permit under this subsection is not subject to anannual watercraft docking fee imposed under section 22 of thischapter.
(g) The general assembly finds that in port authorities that includea channel that is ordinarily navigable to Lake Michigan there existunique problems related to necessary dredging and cleaning ofchannels used by boats that operate on the Great Lakes. These uniqueproblems may be alleviated by the authorization of a launch feeunder this section.
As added by P.L.34-2004, SEC.3.