CHAPTER 10. ADDITIONAL POWERS OF THE AUTHORITY CONCERNING TOLL ROAD PROJECTS
IC 8-15.5-10
Chapter 10. Additional Powers of the Authority Concerning Toll
Road Projects
IC 8-15.5-10-1
Cooperation by authority with other governmental entities
Sec. 1. The authority may exercise any powers provided under
this article in participation or cooperation with the department or any
other governmental entity and enter into any contracts to facilitate
that participation or cooperation without compliance with any other
statute.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-10-2
Contracts necessary for performance of authority's or other
agency's duties
Sec. 2. (a) The authority may make and enter into all contracts and
agreements necessary or incidental to the performance of the
authority's duties and the execution of the authority's powers under
this article. These contracts or agreements are not subject to any
approvals other than the approval of the authority and may be for any
term of years and contain any terms that are considered reasonable
by the authority.
(b) The department and any other state agency may make and
enter into all contracts and agreements necessary or incidental to the
performance of the duties and the execution of the powers granted to
the department or the state agency in accordance with this article or
the public-private agreement. These contracts or agreements are not
subject to any approvals other than the approval of the department or
state agency and may be for any term of years and contain any terms
that are considered reasonable by the department or the state agency.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-10-3
Payment of amounts owed from available funds; moral obligation
Sec. 3. (a) The authority may pay any amounts owed by the
authority under a public-private agreement entered into under this
article from any funds available to the authority under this article or
any other statute.
(b) Subject to review by the budget committee established by
IC 4-12-1-3 and approval by the budget director appointed under
IC 4-12-1-3, a public-private agreement entered into under this article
may:
(1) establish a procedure for the authority or a person acting on
behalf of the authority to certify to the general assembly the
amount needed to pay any amounts owed by the authority under
a public-private agreement; or
(2) otherwise create a moral obligation of the state to pay any
amounts owed by the authority under the public-private
agreement.
(c) The authority may issue bonds under IC 4-4-11 or IC 8-15-2
to provide funds for any amounts identified under this section
without complying with IC 8-9.5-8-10.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-10-4
Delegation of certain powers to operator
Sec. 4. For purposes of this article, the authority may authorize an
operator under a public-private agreement to perform any of its
duties under IC 8-15-2-1, IC 8-15-2-6, IC 8-15-2-18, and
IC 8-15-2-24.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-10-5
Powers under toll road statute and other laws; eminent domain
Sec. 5. (a) Subject to subsection (b), the authority may exercise
any of its powers under IC 8-15-2 or any other provision of the
Indiana Code as necessary or desirable for the performance of the
authority's duties and the execution of the authority's powers under
this article.
(b) For purposes of subsection (a), the following are governed by
IC 8-15-2, IC 32-24, and any other applicable provision of the
Indiana Code as in effect on January 1, 2010, and are not affected by
amendments to those statutes enacted after December 31, 2009:
(1) The authority's use of the power of eminent domain to
acquire property or interests in property for a project under this
article.
(2) The rights of property owners who are affected by the
authority's use of the power of eminent domain for a project
under this article.
As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010,
SEC.11.
IC 8-15.5-10-6
Impairment of public-private agreement by authority prohibited
Sec. 6. The authority may not take any action under this chapter
that would impair the public-private agreement entered into under
this article.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-10-7
Agreement with state police concerning law enforcement
Sec. 7. (a) The authority shall enter into an agreement between
and among the operator, the authority, and the state police
department concerning the provision of law enforcement assistance
with respect to a toll road project that is the subject of a
public-private agreement under this article.
(b) The authority shall enter into arrangements with the state
police department related to costs incurred in providing law
enforcement assistance under this article.
(c) All law enforcement officers of the state and any political
subdivision have the same powers and jurisdiction within the limits
of a toll road project as they have in their respective areas of
jurisdiction, including the roads and highways of the state. These law
enforcement officers shall have access to a toll road project that is
the subject of a public-private agreement to exercise their powers and
jurisdiction.
As added by P.L.47-2006, SEC.39.
IC 8-15.5-10-8
Expedited method for dispute resolution
Sec. 8. The authority shall establish an expedited method for
resolving disputes between or among the authority, the parties to a
public-private agreement, and units of local government that contain
any part of the toll road project, and shall set forth that method in the
public-private agreement.
As added by P.L.85-2010, SEC.12.