§ 8-10-1-2 — Definitions

Indiana § 8-10-1-2

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 1: Ports of Indiana─Organization

Text

As used in this chapter, the following words and
terms shall have the following meanings, unless the context shall
indicate another or different meaning or intent:
(a) The word "commission" shall mean the commission created by
section 3(b) of this chapter, or, if said commission shall be abolished,
the board, body or commission succeeding to the principal functions
thereof, or to whom the powers given by this chapter to the commission
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, the
Wabash River, or other water bodies, natural or artificial, in
which water-borne vessels capable of carrying articles of
commerce 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 all
modes of transportation.
(c) The word "project" shall include:
(1) any facilities, adjuncts, and appurtenances necessary or useful
to operate a modern port, whether or not permanently situated 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 for the handling
and storage of grain, coal and other bulk commodities, terminal
buildings or facilities, railroad equipment and trackage,
roadways, airplane landing fields, parking lots, garages,
automotive equipment, tugs, ferries, maintenance and
construction vessels, communication systems, sewers, drains,
works for the treatment of sewage, garbage and wastes, and the
furnishing of utility service necessary to serve the property
under the jurisdiction or control of the ports of Indiana and
other buildings and facilities which the ports of Indiana may
deem necessary for the operation of the port; and
(2) any other project located in Indiana, other than at a port, that
the ports of Indiana finds will enhance, foster, aid, provide, or
promote economic development, public-private partnerships, and
other industrial, commercial, business, and transportation
purposes.
(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 and
riparian rights acquired by the ports of Indiana for construction;
(3) the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring any
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 not exceeding
two (2) years after the estimated date of completion of
construction;
(9) the cost of engineering and legal expenses, plans,
specifications, surveys, and estimates of cost, traffic and
revenues;
(10) other expenses necessary or incident to determining the
feasibility or practicability of constructing any such project;
(11) administrative expense;
(12) other expenses as may be necessary or incident to the
acquisition or construction of the project, the financing of the
acquisition or construction, and the placing of the project in
operation, including the amount authorized in the resolution of the
commission providing for the issuance of revenue bonds to be
paid into any special funds from the proceeds of the bonds; and
(13) any obligation, cost, or expense incurred by any
governmental agency or person for surveys, borings, the
preparation of plans and specifications, and other engineering
services, or any other cost described in this section that is
incurred in connection with the acquisition or construction of a
project may be regarded as part of the cost of the project and may
be reimbursed out of the proceeds of revenue bonds as authorized
by this chapter.
(e) The word "owner" shall include all individuals, copartnerships,
associations, or corporations having any title or interest in any property,
rights, easements, and other interests authorized 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 or under
the control of the ports of Indiana by virtue of the terms and provisions
of this article, but shall not include real property or personal property
other than money, nor the proceeds from the sale of 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 by section
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.