§ 8-10-1-7 — Powers and duties

Indiana § 8-10-1-7

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

Text

The ports of Indiana is authorized and
empowered to do the following:
(1) To adopt an official seal which shall not be the seal of the
state of Indiana.
(2) To maintain a principal office and sub-offices at such place or
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 against the
ports of Indiana shall be brought in the circuit court, superior
court, or probate court of the county in which the principal office
of the ports of Indiana is located or in the circuit court, superior
court, or probate court of the county in which the cause of action
arose, if the county is located within the state. All summonses and
legal notices of every kind shall be served on the ports of Indiana
by leaving a copy thereof at the principal office of the ports of
Indiana with the person in charge thereof or with the secretary of
the ports of Indiana. However, no such action shall be deemed
commenced until a copy of the summons and complaint, cross
complaint, petition, bill, or pleading is served upon the attorney
general of Indiana.
(4) To acquire, lease, construct, maintain, repair, police, and
operate a port or project as provided in this chapter, and to
establish rules and regulations for the use of the port or project,
and other property subject to the jurisdiction and control of the
ports of Indiana.
(5) To issue both taxable and tax exempt revenue bonds of the
state, payable solely from revenues, as herein provided, for the
purpose of paying all or any part of the cost of a port or project,
subject to the prior approval of the Indiana finance authority.
(6) To acquire, lease, and operate tug boats, locomotives, and any
and every kind of motive power and conveyances or appliances
necessary or proper to carry passengers, goods, wares,
merchandise, or articles of commerce in, on, or around the 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 or project.
(8) To acquire, obtain option on, hold, and dispose of real and
personal property in the exercise of its powers and the
performance of its duties under this chapter.
(9) To designate the location and establish, limit, and control
points of ingress to and egress from a port or project.
(10) To lease to others for development or operation such portions
of any port or project, on such terms and conditions as the ports
of Indiana shall deem advisable.
(11) To make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of its
duties and the execution of its powers under this chapter. Except
as provided in section 29 of this chapter, when the cost of any
such contract for construction, or for the purchase of equipment,
materials, or supplies, involves an expenditure of more than one
hundred fifty thousand dollars ($150,000), the ports of Indiana
shall make a written contract with the lowest and best bidder after
advertisement for not less than two (2) consecutive weeks in a
newspaper of general circulation in the county where the
construction will occur and in such other publications as the ports
of Indiana shall determine. The notice shall state the general
character of the work 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
bid shall contain the full name of every person or company
interested in it and shall be accompanied by a sufficient bond or
certified check on a solvent bank that if the bid is accepted a
contract will be entered into and the performance of its proposal
secured. The ports of Indiana may reject any and all bids. A bond
with good and sufficient surety as shall be approved by the ports
of Indiana shall be required of all contractors in an amount equal
to at least fifty percent (50%) of the contract price conditioned
upon the faithful performance of the contract. A contract for
construction or a contract for the purchase of materials or supplies
requires only the approval of the commission. Upon the ports of
Indiana's approval of a contract, the ports of Indiana may
immediately proceed with the construction or purchase.
(12) To construct, assemble, or otherwise build, own, lease,
operate, manage, or otherwise control any project throughout
Indiana for the purpose of promoting economic growth and
development throughout Indiana, retaining existing employment
within Indiana, and attracting new employment opportunities
within Indiana.
(13) To employ a chief executive, consulting engineers,
superintendents, and such other engineers, construction and
accounting experts, attorneys, and other employees and agents as
may be necessary in its judgment, and to fix their compensation
and title, but no compensation of any employee of the ports of
Indiana shall exceed the compensation of the highest paid officer
or employee of the state.
(14) To receive and accept from any federal agency grants for or
in aid of the construction of any port or project, and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which such grants and
contributions may be made.
(15) To provide coverage for its employees under the provisions
of 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 out the
powers expressly granted in this article.
(17) To hold, use, administer, and expend such sum or sums as
may herein or hereafter be appropriated or transferred to the ports
of Indiana.
Formerly: Acts 1961, c.11, s.7; Acts 1963, c.395, s.3. As
amended by 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; P.L.156-2013, SEC.1; P.L.84-2016,
SEC.49; P.L.224-2023, SEC.5.