US Lawyer Database

5-23-2-1.5. “Availability Payment”

Sec. 1.5. “Availability payment” means any funding stream, whether from a private, local, state, or federal source that the governmental body is authorized to use for the construction, maintenance, financing, or operations of any transportation infrastructure located within the boundaries of the governmental body. As added by P.L.57-2022, SEC.1.

5-23-2-2. “Board”

Sec. 2. “Board” refers to the agent, board, commission, officer, or trustee of a public agency having the power to award contracts on behalf of the public agency. As added by P.L.49-1997, SEC.34.

5-23-2-3. “Bot Agreement”

Sec. 3. “BOT agreement” means any agreement between a governmental body and an operator to construct, operate, and maintain a public facility and to transfer the public facility back to the governmental body at an established future date. As added by P.L.49-1997, SEC.34.

5-23-2-4. “Construction”

Sec. 4. (a) “Construction” means the process of building, renovating, reconstructing, expanding, modernizing, or assembling a public work, including any material enhancements or upgrades to an existing public facility. (b) The term does not include normal repair, operation, general maintenance, or preservation of a public work. As added by P.L.49-1997, SEC.34.

5-23-2-5. “Cost”

Sec. 5. “Cost” means the cost of entering into any public-private agreement, including, without limitation, the following: (1) The cost of acquisition and construction of any public facility or any modification, improvement, or extension of that facility. (2) Any cost incident to the acquisition of any necessary property, easement, or right-of-way. (3) Engineering or architectural […]

5-23-2-5.5. “Develop”

Sec. 5.5. “Develop” means to plan, design, finance, lease, acquire, install, construct, or expand under a public-private agreement. As added by P.L.57-2022, SEC.2.

5-23-2-6. “Governmental Body”

Sec. 6. “Governmental body” has the meaning set forth in IC 5-22-2-13 and includes, for purposes of this article, any state educational institution or other instrumentality of this state. As added by P.L.49-1997, SEC.34. Amended by P.L.213-2015, SEC.69.

5-23-2-6.3. “Material Default”

Sec. 6.3. “Material default” means a nonperformance of its duties by the operator of a public-private agreement which jeopardizes adequate service to the public from the project. As added by P.L.57-2022, SEC.3.