(A) The area of jurisdiction of PANA shall include:
(1) All of the territory within the corporate boundaries of the city; and
(2) Any facility that is owned or operated by PANA, whether or not the facility is within the corporate boundaries of the city.
(B) PANA is an instrumentality of the state and shall have full power and authority independent of any political subdivision to exercise the powers and perform the all duties as set forth in I.C. 8-10-5, including the following:
(1) Purchase, construct, sell, lease, and operate transportation facilities within its jurisdiction, consistent with the purposes of this subchapter, and make charges for the use thereof.
(2) Straighten, deepen, and improve any canal, channel, river, stream, or other watercourse or way which may be necessary or proper in the development of its facilities.
(3) Establish dock lines, piers, and other facilities necessary to the conduct of pleasure boating within its jurisdiction.
(4) Regulate and enforce the regulation of all uses and activities related to its facilities within its jurisdiction and determine the use of land adjacent to waters under its jurisdiction within a reasonable distance from the shore lines of such waters. However, this subdivision does not:
(a) Affect the requirement that special standards for the safe operation of watercraft on public waters must be adopted by rule of the state Department of Natural Resources; or
(b) Authorize the assessment of a charge or fee for the passage of a watercraft through the navigable waters of the state.
(5) Acquire, own, hold, sell, lease, or operate real or personal property for its authorized purposes.
(6) Apply to the proper authorities of the United States pursuant to appropriate law for the right to establish, operate, and maintain foreign trade zones within its jurisdiction and establish, operate, and maintain such foreign trade zones.
(7) Exercise the right of eminent domain to appropriate any land, rights, rights-of-way, franchises, easements, or other property necessary or proper for the construction or the efficient operation of any of its facilities, award damages to landowners for real estate and property rights appropriated and taken or injuriously affected, and in case the Board cannot agree with the owners, lessees, or occupants of any real estate selected by them for the purposes herein set forth, proceed to procure the condemnation of the same as hereinafter provided, and in addition thereto, when not in conflict or inconsistent with the express provisions of the port authority statute, proceed under the general laws of the state governing the condemnation of lands and the rights-of-way for other public purposes which may be in force at the time, so far as the same are not in conflict or inconsistent with the terms of the port authority statute. In any such proceeding prosecuted by the Board to condemn or appropriate any land or the use thereof or any right therein for purposes permitted by the port authority statute, the Board and all owners and holders of property or rights therein sought to be taken shall be governed by and have the same rights as to procedure, notices, hearings, assessments of benefits and awards, and payments thereof as are now or may hereafter be prescribed by law for the appropriation and condemnation of real estate, and such property owners shall have like powers and rights as to remonstrance and of appeals to the circuit or superior courts in the county in which such property sought to be appropriated is located. However, the payment of all damages awarded for all lands and property or interests or rights therein appropriated under the provisions of the port authority statute shall be paid entirely out of funds under the control of the Board. The provisions of this subdivision (B)(7) are subject to the following:
(a) Upon written application of any property owner affected, the city, as to areas within the corporate boundaries of the city (or, as to any areas that may lie outside the boundaries of the city, the county) after ten days written notice to the Board and public hearing had thereon, may revoke the right of eminent domain to be exercised by the Board as to any parcel or parcels of land inside its boundaries within 60 days after the Board has by resolution announced the lands, rights, rights-of-way, franchises, easements, or other property to be taken.
(b) Nothing herein contained shall authorize the Board to take or disturb property or facilities belonging to any public corporation, public utility, or common carrier, which property or facilities are necessary and convenient in the operation of such public corporation, public utility, or common carrier, unless provision is made for the restoration, relocating, or duplication of such property or facilities, or upon the election of such public corporation, public utility, or common carrier, for the payment of compensation, if any at the sole cost of the Board, subject to the following:
1. If any restoration or duplication proposed to be made hereunder shall involve a relocation of such property or facilities, the new facilities and location shall be of at least comparable utilitarian value and effectiveness, and such relocation shall not impair the ability of the public corporation, public utility, or common carrier to compete in its original area of operation.
2. Provisions for restoration or duplication shall be described in detail in the resolution for appropriation passed by the Board.
(8) Accept, receive, and receipt for federal moneys, and other moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of a port or harbor or other navigation facilities, and sites therefor, and comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal moneys upon such ports and other navigation facilities.
(9) Maintain such funds as it deems necessary.
(10) Direct its agents or employees, when properly identified in writing, and after at least five days written notice, to enter upon lands within its jurisdiction in order to make surveys and examinations preliminary to location and construction of works for the purposes of this subchapter, without liability of the Board or its agents or employees except for actual damage done.
(11) Sell or lease real and personal property not needed for its operations and grant easements or rights-of-way over its property.
(12) Promote, advertise, and publicize PANA and its facilities, provide traffic information and rate information to shippers and shipping interests, and appear before rate making authorities to represent and promote its interests.
(13) Borrow money and secure the borrowing by a pledge of the following:
(a) Accounts receivable.
(b) A security interest in capital equipment for which the proceeds of the loan are used.
(c) Other security, including the excess of unobligated revenues over operating expenses.
(C) (1) The term of a loan authorized by subdivision (B)(13) may not exceed 25 years.
(2) Pursuant to I.C. 8-10-5-8.1, PANA may also contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way. PANA may accept and expend funding from any source and may issue revenue bonds for the construction, operation, and maintenance of the property and rights-of-way and the lease or purchase of all necessary equipment and appurtenances to successfully operate a railroad over the rights-of-way. The powers granted, and procedures provided for, by I.C. 8-10-5-8.1 shall extend to PANA even though the railroad facilities may not otherwise serve a port or harbor.
(3) If PANA operates a railroad, it may establish a retirement plan, pursuant to I.C. 8-10-5-6.5 for the benefit of PANA's railroad employees and past railroad employees who are not members of the public employees' retirement fund.
(4) Pursuant to I.C. 8-10-5-20, the Board may also enter into such contracts or other arrangements with the United States government, or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the government of the state or other states, with counties, municipalities, townships, or other governmental agencies created by or under the authority of the laws of the state, including sewerage, drainage, conservation, conservancy, or other improvement districts in this state or other states, as may be necessary or convenient for the exercise of powers granted by the provisions of this subchapter, including the making of surveys, investigations, or reports thereon, provided that such contracts or arrangements shall not be in violation of the state constitution. The Board may purchase, lease, or acquire land or other property in any county of the state and in adjoining states for the accomplishment of an authorized purpose of this subchapter, or for the improvement of the facilities over which PANA may have jurisdiction, and may let contracts or spend money for making such improvements or development of facilities in adjoining states.
(Ord. G-14-02, passed 1-6-2014)