CHAPTER 14. ADDITIONAL POWERS OF THE AUTHORITY AND THE DEPARTMENT WITH RESPECT TO QUALIFYING PROJECTS
IC 8-15.7-14
Chapter 14. Additional Powers of the Authority and theDepartment With Respect to Qualifying Projects
IC 8-15.7-14-1
Cooperation by authority or department with other governmentalentities
Sec. 1. The authority or the department may exercise any powersprovided under this article in participation or cooperation with anygovernmental entity and enter into any contracts to facilitate thatparticipation or cooperation without compliance with any otherstatute.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-2
Contracts necessary for performance of duties
Sec. 2. The authority or the department may make and enter intoall contracts and agreements necessary or incidental to theperformance of the authority's or department's duties and theexecution of the authority's or department's powers under this article.These contracts or agreements are not subject to any approvals otherthan the approval of the authority or the department, as applicable,and may be for any term of years and contain any terms that areconsidered reasonable by the authority or the department.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-3
Payment of amounts owed from available funds
Sec. 3. The authority or the department may pay the costs incurredunder a public-private agreement entered into under this article fromany funds legally available to the authority or the department underthis article or any other statute.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-4
Delegation of certain powers to operator
Sec. 4. For purposes of this article, the department may authorizean operator under a public-private agreement to perform any of itsduties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30,and IC 8-15-3-33.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-5
Powers under tollway statute; delegation of powers to authority;eminent domain
Sec. 5. (a) Subject to subsection (b), the department may exerciseany of its powers under IC 8-15-3 as necessary or desirable for theperformance of its duties and the execution of its powers under thisarticle. In connection with or in anticipation of the exercise by theauthority of any powers granted to the authority by this article, the
department may authorize the authority to exercise all or part of thepowers of the department under this article as necessary or desirableto accomplish the purposes of this article.
(b) For purposes of subsection (a):
(1) the department's or the authority's use of the power ofeminent domain to acquire property or interests in property fora project under this article; and
(2) the rights of property owners who are affected by theauthority's use of the power of eminent domain for a projectunder this article;
are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any otherapplicable provision of the Indiana Code as in effect on January 1,2010, and are not affected by amendments to those statutes enactedafter December 31, 2009.
As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010,SEC.21.
IC 8-15.7-14-6
Impairment of public-private agreement prohibited
Sec. 6. The authority or the department may not take any actionunder this chapter that would impair the public-private agreemententered into under this article.
As added by P.L.47-2006, SEC.40.
IC 8-15.7-14-7
Agreement with state police concerning law enforcement
Sec. 7. (a) The department shall enter into an agreement betweenand among the operator, the department, and the state policedepartment concerning the provision of law enforcement assistancewith respect to a qualifying project that is the subject of apublic-private agreement under this article.
(b) The department may enter into arrangements with the statepolice department related to costs incurred in providing lawenforcement assistance under this article.
As added by P.L.47-2006, SEC.40.