5-23-2-17. “Transportation Facility”
Sec. 17. “Transportation facility” means any new or existing road, highway, toll highway, bridge, tunnel, railroad (as defined in IC 8-3-1-2), or intermodal facility, located in the jurisdiction of a governmental body. As added by P.L.57-2022, SEC.7.
5-23-2-18. “Transportation Project”
Sec. 18. “Transportation project” means any combination of the development, financing, or operation with respect to all or a portion of any transportation facility located in the jurisdiction of a governmental body. As added by P.L.57-2022, SEC.8.
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.
5-23-2-6.9. “Operate”
Sec. 6.9. “Operate” means to finance, maintain, improve, equip, modify, or repair. As added by P.L.57-2022, SEC.4.
5-23-2-7. “Operating Agreement”
Sec. 7. “Operating agreement” means an agreement between an operator and the governmental body for the operation, maintenance, repair, or management of a public facility. As added by P.L.49-1997, SEC.34.
5-23-1-1. Applicability of Article
Sec. 1. This article applies to the following: (1) The state. (2) A political subdivision in a county containing a consolidated city. (3) A political subdivision in a county where: (A) the legislative body of the political subdivision; or (B) if the political subdivision does not have a legislative body, the fiscal body of the […]
5-23-2-8. “Operator”
Sec. 8. “Operator” means a person who has entered into either an operating agreement or a BOT agreement with a governmental body to provide services to or on behalf of the governmental body. As added by P.L.49-1997, SEC.34.
5-23-1-2. Liberal Construction and Supplemental Nature of Powers; Conflict of Laws
Sec. 2. The powers conferred by this article shall be liberally construed in order to accomplish their purposes and shall be in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into […]
5-23-1-3. Public-Private Agreement
Sec. 3. (a) The state or a political subdivision may enter into a public-private agreement with an operator under the terms of this article. (b) A joint board or separate entity established under IC 36-1-7 for purposes of the design, financing, construction, acquisition, improvement, renovation, equipping, operation, and maintenance of a regional jail under IC […]
5-23-1-4. Application of Prior Statute to Certain Contracts, Leases, Agreements, or Extensions
Sec. 4. (a) Except as provided in subsection (b), IC 36-1-14.3 (before its repeal) concerning public-private agreements does not apply to a contract, a lease, an agreement, or an extension of a contract, a lease, or an agreement entered into before May 10, 1995. (b) This subsection applies to an agreement in the nature of […]