IC 4-13.5 ARTICLE 13.5. CONSTRUCTION OF STATE OFFICE
BUILDINGS AND OTHER FACILITIES
IC 4-13.5-1
Chapter 1. General Provisions
IC 4-13.5-1-1 Definitions
Sec. 1. The following definitions apply throughout this article:
(1) "Commission" means the Indiana finance authority
established by IC 4-4-11-4.
(2) "Communications system infrastructure" has the meaning
set forth in IC 5-26-5-1.
(3) "Construction" means the erection, renovation, refurbishing,
or alteration of all or any part of buildings, improvements, or
other structures, including installation of fixtures or equipment,
landscaping of grounds, site work, and providing for other
ancillary facilities pertinent to the buildings or structures.
(4) "Correctional facility" means a building, a structure, or an
improvement for the custody, care, confinement, or treatment
of committed persons under IC 11.
(5) "Department" refers to:
(A) the integrated public safety commission, for purposes of
a facility consisting of communications system
infrastructure; and
(B) the Indiana department of administration, for purposes
of all other facilities.
(6) "Mental health facility" means a building, a structure, or an
improvement for the care, maintenance, or treatment of persons
with mental or addictive disorders.
(7) "Facility" means all or any part of one (1) or more buildings,
structures, or improvements (whether new or existing), or
parking areas (whether surface or an above or below ground
parking garage or garages), owned or leased by the commission
under this article or the state for the purpose of:
(A) housing the personnel or activities of state agencies or
branches of state government;
(B) providing transportation or parking for state employees
or persons having business with state government;
(C) providing a correctional facility;
(D) providing a mental health facility;
(E) providing a regional health facility; or
(F) providing communications system infrastructure.
(8) "Person" means an individual, a partnership, a corporation,
a limited liability company, an unincorporated association, or
a governmental entity.
(9) "Regional health facility" means a building, a structure, or
an improvement for the care, maintenance, or treatment of
adults or children with mental illness, developmental
disabilities, addictions, or other medical or rehabilitative needs.
(10) "State agency" means an authority, a board, a commission,
a committee, a department, a division, or other instrumentality
of state government, but does not include a state educational
institution. As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.27-1985,
SEC.1; P.L.240-1991(ss2), SEC.37; P.L.8-1993, SEC.23;
P.L.273-1999, SEC.191; P.L.291-2001, SEC.76; P.L.123-2002,
SEC.2; P.L.235-2005, SEC.55; P.L.2-2007, SEC.40.
IC 4-13.5-1-1.3 "Loan contract" defined
Sec. 1.3. As used in this article, "loan contract" means a debt
instrument other than a revenue bond and includes but is not limited
to a note. As added by P.L.15-1986, SEC.1.
IC 4-13.5-1-1.5
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2.5 Application to the Indiana finance authority
Sec. 2.5. This article:
(1) applies to the Indiana finance authority only when acting as
the commission under this article for the purposes set forth in
this article; and
(2) does not apply to the Indiana finance authority when acting
under any other statute for any other purpose. As added by P.L.235-2005, SEC.56.
IC 4-13.5-1-3 Powers
Sec. 3. (a) The commission may:
(1) accept gifts, devises, bequests, grants, loans, appropriations,
revenue sharing, other financing and assistance, and any other
aid from any source and agree to and comply with any attached
conditions;
(2) acquire real property, or any interest in real property, by
lease, conveyance (including purchase) in lieu of foreclosure,
or foreclosure, own, manage, operate, hold, clear, improve, and
construct facilities on real property, and sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose of or
encumber real property, or interests in real property or facilities
on real property, if the use is necessary or appropriate to the
purposes of the commission;
(3) procure insurance against any loss in connection with its
operations in amounts, and from insurers, as it considers
necessary or desirable;
(4) borrow funds as set forth in IC 4-13.5-4 and issue revenue
bonds of the commission, payable solely from revenues, as set
forth in IC 4-13.5-4, or from the proceeds of bonds issued under
this article and earnings on bonds, or both, for the purpose of
carrying out its purposes under this article, including paying all
or any part of the cost of acquisition or construction of any one
(1) or more facilities, or for the purpose of refunding any other
bonds or loan contracts of the commission;
(5) establish reserves or sinking funds from the proceeds of the
sale of bonds or from other funds, or both, to secure the
payment of the bonds;
(6) invest any funds held in reserve or in sinking fund accounts
or any money not required for immediate disbursement, in
obligations of the state, the United States, or their agencies or
instrumentalities, and other obligors as may be permitted under
the terms of any resolution authorizing the issuance of the
commission's bonds or other obligations;
(7) include in any borrowing or issue amounts considered
necessary by the commission to pay financing charges, interest
on the obligations (for a period not exceeding the period of
construction and a reasonable time after the period of
construction or, if the facility is completed, two (2) years from
the date of issue of the obligations), consultant, advisory, and
legal fees, and other expenses necessary or incident to the
borrowing or issue;
(8) make, execute, and effectuate contracts, agreements, or
other documents with any governmental agency or any person,
corporation, limited liability company, association, partnership,
or other organization or entity necessary or convenient to
accomplish the purposes of this article;
(9) acquire in the name of the commission by the exercise of the
right of condemnation, in the manner provided in this section,
public or private lands, or rights in lands, rights-of-way,
property, rights, easements, and interests, as it considers
necessary for carrying out this article; and
(10) do any and all acts and things necessary, proper, or
convenient to carry out this article.
(b) The commission may provide for facilities for state agencies
or branches of state government if the general assembly, by statute:
(1) finds that the state needs renovation, refurbishing, or
alteration of existing facilities or construction of additional
facilities; and
(2) authorizes the commission to provide for the facilities.
In providing for the facilities, the commission shall proceed under
this article.
(c) If the commission is unable to agree with the owners, lessees,
or occupants of any real property selected for the purposes of this
article, it may proceed to procure the condemnation of the property
under IC 32-24-1. The commission may not institute a proceeding
until it has adopted a resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the commission of the property involved; and
(3) sets out any other facts that the commission considers
necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition and shall be referred to the attorney general for
action, in the name of the commission, in the circuit or superior court
of the county in which the real property is located.
(d) The title to all property acquired in any manner by the
commission shall be held in the name of the commission. As added by Acts 1977, P.L.31, SEC.1. Amended by Acts 1980,
P.L.16, SEC.1; P.L.27-1985, SEC.4; P.L.8-1993, SEC.24;
P.L.2-2002, SEC.26; P.L.235-2005, SEC.57.
IC 4-13.5-1-3.1
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-4
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-5 Attorney general as legal adviser
Sec. 5. The attorney general shall serve as the legal adviser for the
commission and represent it in any legal proceeding. As added by Acts 1977, P.L.31, SEC.1.
IC 4-13.5-1-6 Contracts for performance of work and purchase or sale of
materials
Sec. 6. Subject to section 8 of this chapter, the commission may
not enter into:
(1) a contract for the performance of work, other than a contract
of employment with a professional person or a commission
employee; or
(2) a contract for the purchase or sale of materials or supplies;
without complying with IC 4-13-2 and the rules and procedures of
the department. As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.123-2002,
SEC.3.
IC 4-13.5-1-7
(Repealed by P.L.11-1993, SEC.8.) IC 4-13.5-1-8 Employment of professionals; plans and specifications; award of
contracts; minority and women's businesses
Sec. 8. (a) The commission may employ architects, engineers,
space planners, construction managers, and other professional
persons it considers necessary to prepare complete plans and
specifications necessary for bidding for construction. The
commission shall consider economy of operation to the extent
practicable in preparing and approving plans and specifications.
(b) The plans and specifications shall be presented for approval
to:
(1) the department;
(2) if the facility is designed to house the supreme court or court
of appeals, the administrator of the supreme court for approval
by the courts;
(3) if the facility is a correctional facility, the department of
correction; and
(4) if the facility consists of communications system
infrastructure, the integrated public safety commission.
(c) After the plans and specifications have been approved by the
commission under subsection (b), the commission shall advertise for
and receive construction bids and award contracts to the best bidders
in the same manner as required by law for the department. However,
with respect to a facility that consists of communications system
infrastructure, if the commission finds that the integrated public
safety commission has already advertised for and received
construction bids or awarded contracts to the best bidders, or both,
substantially in the same manner as required by law for the Indiana
department of administration, the commission is not required to
repeat the advertisement, receipt of bids, or award of contracts. In
making the finding described in this subsection, the commission may
rely upon a certificate of the integrated public safety commission. If
the commission makes the finding described in this subsection, that
is all the authority the commission needs to accept the assignment of
the bids or contracts or both, from the integrated public safety
commission, and all the authority the integrated public safety
commission needs to assign the bids or contracts, or both, to the
commission.
(d) With regard to participation by minority and women's business
enterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3), the
commission shall act in the same manner as required by law for the
department. As added by Acts 1980, P.L.16, SEC.2. Amended by P.L.27-1985,
SEC.6; P.L.240-1991(ss2), SEC.38; P.L.195-2001, SEC.7;
P.L.123-2002, SEC.4.
IC 4-13.5-1-9 Conveyance of real property by state to commission
Sec. 9. The governor may convey, transfer, or sell, with or without
consideration, real property (including the buildings, structures, and
improvements), title to which is held in the name of the state, to the
commission, without being required to advertise or solicit bids or
proposals, in order to accomplish the governmental purposes of this
article. As added by P.L.27-1985, SEC.7.
IC 4-13.5-1-10 Renovation of state facilities; contracts
Sec. 10. The department may enter into a contract with the
commission to renovate, refurbish, or alter a facility owned by the
state without advertising or soliciting bids or proposals under
IC 4-13.6 or IC 5-22. However, in accomplishing the project to
renovate, refurbish, or alter a facility owned by the state, the
commission shall comply with IC 4-13.5-1-8. As added by P.L.27-1985, SEC.8. Amended by P.L.49-1997, SEC.17.
IC 4-13.5 ARTICLE 13.5. CONSTRUCTION OF STATE OFFICE
BUILDINGS AND OTHER FACILITIES
IC 4-13.5-1
Chapter 1. General Provisions
IC 4-13.5-1-1 Definitions
Sec. 1. The following definitions apply throughout this article:
(1) "Commission" means the Indiana finance authority
established by IC 4-4-11-4.
(2) "Communications system infrastructure" has the meaning
set forth in IC 5-26-5-1.
(3) "Construction" means the erection, renovation, refurbishing,
or alteration of all or any part of buildings, improvements, or
other structures, including installation of fixtures or equipment,
landscaping of grounds, site work, and providing for other
ancillary facilities pertinent to the buildings or structures.
(4) "Correctional facility" means a building, a structure, or an
improvement for the custody, care, confinement, or treatment
of committed persons under IC 11.
(5) "Department" refers to:
(A) the integrated public safety commission, for purposes of
a facility consisting of communications system
infrastructure; and
(B) the Indiana department of administration, for purposes
of all other facilities.
(6) "Mental health facility" means a building, a structure, or an
improvement for the care, maintenance, or treatment of persons
with mental or addictive disorders.
(7) "Facility" means all or any part of one (1) or more buildings,
structures, or improvements (whether new or existing), or
parking areas (whether surface or an above or below ground
parking garage or garages), owned or leased by the commission
under this article or the state for the purpose of:
(A) housing the personnel or activities of state agencies or
branches of state government;
(B) providing transportation or parking for state employees
or persons having business with state government;
(C) providing a correctional facility;
(D) providing a mental health facility;
(E) providing a regional health facility; or
(F) providing communications system infrastructure.
(8) "Person" means an individual, a partnership, a corporation,
a limited liability company, an unincorporated association, or
a governmental entity.
(9) "Regional health facility" means a building, a structure, or
an improvement for the care, maintenance, or treatment of
adults or children with mental illness, developmental
disabilities, addictions, or other medical or rehabilitative needs.
(10) "State agency" means an authority, a board, a commission,
a committee, a department, a division, or other instrumentality
of state government, but does not include a state educational
institution. As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.27-1985,
SEC.1; P.L.240-1991(ss2), SEC.37; P.L.8-1993, SEC.23;
P.L.273-1999, SEC.191; P.L.291-2001, SEC.76; P.L.123-2002,
SEC.2; P.L.235-2005, SEC.55; P.L.2-2007, SEC.40.
IC 4-13.5-1-1.3 "Loan contract" defined
Sec. 1.3. As used in this article, "loan contract" means a debt
instrument other than a revenue bond and includes but is not limited
to a note. As added by P.L.15-1986, SEC.1.
IC 4-13.5-1-1.5
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2.5 Application to the Indiana finance authority
Sec. 2.5. This article:
(1) applies to the Indiana finance authority only when acting as
the commission under this article for the purposes set forth in
this article; and
(2) does not apply to the Indiana finance authority when acting
under any other statute for any other purpose. As added by P.L.235-2005, SEC.56.
IC 4-13.5-1-3 Powers
Sec. 3. (a) The commission may:
(1) accept gifts, devises, bequests, grants, loans, appropriations,
revenue sharing, other financing and assistance, and any other
aid from any source and agree to and comply with any attached
conditions;
(2) acquire real property, or any interest in real property, by
lease, conveyance (including purchase) in lieu of foreclosure,
or foreclosure, own, manage, operate, hold, clear, improve, and
construct facilities on real property, and sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose of or
encumber real property, or interests in real property or facilities
on real property, if the use is necessary or appropriate to the
purposes of the commission;
(3) procure insurance against any loss in connection with its
operations in amounts, and from insurers, as it considers
necessary or desirable;
(4) borrow funds as set forth in IC 4-13.5-4 and issue revenue
bonds of the commission, payable solely from revenues, as set
forth in IC 4-13.5-4, or from the proceeds of bonds issued under
this article and earnings on bonds, or both, for the purpose of
carrying out its purposes under this article, including paying all
or any part of the cost of acquisition or construction of any one
(1) or more facilities, or for the purpose of refunding any other
bonds or loan contracts of the commission;
(5) establish reserves or sinking funds from the proceeds of the
sale of bonds or from other funds, or both, to secure the
payment of the bonds;
(6) invest any funds held in reserve or in sinking fund accounts
or any money not required for immediate disbursement, in
obligations of the state, the United States, or their agencies or
instrumentalities, and other obligors as may be permitted under
the terms of any resolution authorizing the issuance of the
commission's bonds or other obligations;
(7) include in any borrowing or issue amounts considered
necessary by the commission to pay financing charges, interest
on the obligations (for a period not exceeding the period of
construction and a reasonable time after the period of
construction or, if the facility is completed, two (2) years from
the date of issue of the obligations), consultant, advisory, and
legal fees, and other expenses necessary or incident to the
borrowing or issue;
(8) make, execute, and effectuate contracts, agreements, or
other documents with any governmental agency or any person,
corporation, limited liability company, association, partnership,
or other organization or entity necessary or convenient to
accomplish the purposes of this article;
(9) acquire in the name of the commission by the exercise of the
right of condemnation, in the manner provided in this section,
public or private lands, or rights in lands, rights-of-way,
property, rights, easements, and interests, as it considers
necessary for carrying out this article; and
(10) do any and all acts and things necessary, proper, or
convenient to carry out this article.
(b) The commission may provide for facilities for state agencies
or branches of state government if the general assembly, by statute:
(1) finds that the state needs renovation, refurbishing, or
alteration of existing facilities or construction of additional
facilities; and
(2) authorizes the commission to provide for the facilities.
In providing for the facilities, the commission shall proceed under
this article.
(c) If the commission is unable to agree with the owners, lessees,
or occupants of any real property selected for the purposes of this
article, it may proceed to procure the condemnation of the property
under IC 32-24-1. The commission may not institute a proceeding
until it has adopted a resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the commission of the property involved; and
(3) sets out any other facts that the commission considers
necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition and shall be referred to the attorney general for
action, in the name of the commission, in the circuit or superior court
of the county in which the real property is located.
(d) The title to all property acquired in any manner by the
commission shall be held in the name of the commission. As added by Acts 1977, P.L.31, SEC.1. Amended by Acts 1980,
P.L.16, SEC.1; P.L.27-1985, SEC.4; P.L.8-1993, SEC.24;
P.L.2-2002, SEC.26; P.L.235-2005, SEC.57.
IC 4-13.5-1-3.1
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-4
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-5 Attorney general as legal adviser
Sec. 5. The attorney general shall serve as the legal adviser for the
commission and represent it in any legal proceeding. As added by Acts 1977, P.L.31, SEC.1.
IC 4-13.5-1-6 Contracts for performance of work and purchase or sale of
materials
Sec. 6. Subject to section 8 of this chapter, the commission may
not enter into:
(1) a contract for the performance of work, other than a contract
of employment with a professional person or a commission
employee; or
(2) a contract for the purchase or sale of materials or supplies;
without complying with IC 4-13-2 and the rules and procedures of
the department. As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.123-2002,
SEC.3.
IC 4-13.5-1-7
(Repealed by P.L.11-1993, SEC.8.) IC 4-13.5-1-8 Employment of professionals; plans and specifications; award of
contracts; minority and women's businesses
Sec. 8. (a) The commission may employ architects, engineers,
space planners, construction managers, and other professional
persons it considers necessary to prepare complete plans and
specifications necessary for bidding for construction. The
commission shall consider economy of operation to the extent
practicable in preparing and approving plans and specifications.
(b) The plans and specifications shall be presented for approval
to:
(1) the department;
(2) if the facility is designed to house the supreme court or court
of appeals, the administrator of the supreme court for approval
by the courts;
(3) if the facility is a correctional facility, the department of
correction; and
(4) if the facility consists of communications system
infrastructure, the integrated public safety commission.
(c) After the plans and specifications have been approved by the
commission under subsection (b), the commission shall advertise for
and receive construction bids and award contracts to the best bidders
in the same manner as required by law for the department. However,
with respect to a facility that consists of communications system
infrastructure, if the commission finds that the integrated public
safety commission has already advertised for and received
construction bids or awarded contracts to the best bidders, or both,
substantially in the same manner as required by law for the Indiana
department of administration, the commission is not required to
repeat the advertisement, receipt of bids, or award of contracts. In
making the finding described in this subsection, the commission may
rely upon a certificate of the integrated public safety commission. If
the commission makes the finding described in this subsection, that
is all the authority the commission needs to accept the assignment of
the bids or contracts or both, from the integrated public safety
commission, and all the authority the integrated public safety
commission needs to assign the bids or contracts, or both, to the
commission.
(d) With regard to participation by minority and women's business
enterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3), the
commission shall act in the same manner as required by law for the
department. As added by Acts 1980, P.L.16, SEC.2. Amended by P.L.27-1985,
SEC.6; P.L.240-1991(ss2), SEC.38; P.L.195-2001, SEC.7;
P.L.123-2002, SEC.4.
IC 4-13.5-1-9 Conveyance of real property by state to commission
Sec. 9. The governor may convey, transfer, or sell, with or without
consideration, real property (including the buildings, structures, and
improvements), title to which is held in the name of the state, to the
commission, without being required to advertise or solicit bids or
proposals, in order to accomplish the governmental purposes of this
article. As added by P.L.27-1985, SEC.7.
IC 4-13.5-1-10 Renovation of state facilities; contracts
Sec. 10. The department may enter into a contract with the
commission to renovate, refurbish, or alter a facility owned by the
state without advertising or soliciting bids or proposals under
IC 4-13.6 or IC 5-22. However, in accomplishing the project to
renovate, refurbish, or alter a facility owned by the state, the
commission shall comply with IC 4-13.5-1-8. As added by P.L.27-1985, SEC.8. Amended by P.L.49-1997, SEC.17.
IC 4-13.5 ARTICLE 13.5. CONSTRUCTION OF STATE OFFICE
BUILDINGS AND OTHER FACILITIES
IC 4-13.5-1
Chapter 1. General Provisions
IC 4-13.5-1-1 Definitions
Sec. 1. The following definitions apply throughout this article:
(1) "Commission" means the Indiana finance authority
established by IC 4-4-11-4.
(2) "Communications system infrastructure" has the meaning
set forth in IC 5-26-5-1.
(3) "Construction" means the erection, renovation, refurbishing,
or alteration of all or any part of buildings, improvements, or
other structures, including installation of fixtures or equipment,
landscaping of grounds, site work, and providing for other
ancillary facilities pertinent to the buildings or structures.
(4) "Correctional facility" means a building, a structure, or an
improvement for the custody, care, confinement, or treatment
of committed persons under IC 11.
(5) "Department" refers to:
(A) the integrated public safety commission, for purposes of
a facility consisting of communications system
infrastructure; and
(B) the Indiana department of administration, for purposes
of all other facilities.
(6) "Mental health facility" means a building, a structure, or an
improvement for the care, maintenance, or treatment of persons
with mental or addictive disorders.
(7) "Facility" means all or any part of one (1) or more buildings,
structures, or improvements (whether new or existing), or
parking areas (whether surface or an above or below ground
parking garage or garages), owned or leased by the commission
under this article or the state for the purpose of:
(A) housing the personnel or activities of state agencies or
branches of state government;
(B) providing transportation or parking for state employees
or persons having business with state government;
(C) providing a correctional facility;
(D) providing a mental health facility;
(E) providing a regional health facility; or
(F) providing communications system infrastructure.
(8) "Person" means an individual, a partnership, a corporation,
a limited liability company, an unincorporated association, or
a governmental entity.
(9) "Regional health facility" means a building, a structure, or
an improvement for the care, maintenance, or treatment of
adults or children with mental illness, developmental
disabilities, addictions, or other medical or rehabilitative needs.
(10) "State agency" means an authority, a board, a commission,
a committee, a department, a division, or other instrumentality
of state government, but does not include a state educational
institution. As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.27-1985,
SEC.1; P.L.240-1991(ss2), SEC.37; P.L.8-1993, SEC.23;
P.L.273-1999, SEC.191; P.L.291-2001, SEC.76; P.L.123-2002,
SEC.2; P.L.235-2005, SEC.55; P.L.2-2007, SEC.40.
IC 4-13.5-1-1.3 "Loan contract" defined
Sec. 1.3. As used in this article, "loan contract" means a debt
instrument other than a revenue bond and includes but is not limited
to a note. As added by P.L.15-1986, SEC.1.
IC 4-13.5-1-1.5
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-2.5 Application to the Indiana finance authority
Sec. 2.5. This article:
(1) applies to the Indiana finance authority only when acting as
the commission under this article for the purposes set forth in
this article; and
(2) does not apply to the Indiana finance authority when acting
under any other statute for any other purpose. As added by P.L.235-2005, SEC.56.
IC 4-13.5-1-3 Powers
Sec. 3. (a) The commission may:
(1) accept gifts, devises, bequests, grants, loans, appropriations,
revenue sharing, other financing and assistance, and any other
aid from any source and agree to and comply with any attached
conditions;
(2) acquire real property, or any interest in real property, by
lease, conveyance (including purchase) in lieu of foreclosure,
or foreclosure, own, manage, operate, hold, clear, improve, and
construct facilities on real property, and sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose of or
encumber real property, or interests in real property or facilities
on real property, if the use is necessary or appropriate to the
purposes of the commission;
(3) procure insurance against any loss in connection with its
operations in amounts, and from insurers, as it considers
necessary or desirable;
(4) borrow funds as set forth in IC 4-13.5-4 and issue revenue
bonds of the commission, payable solely from revenues, as set
forth in IC 4-13.5-4, or from the proceeds of bonds issued under
this article and earnings on bonds, or both, for the purpose of
carrying out its purposes under this article, including paying all
or any part of the cost of acquisition or construction of any one
(1) or more facilities, or for the purpose of refunding any other
bonds or loan contracts of the commission;
(5) establish reserves or sinking funds from the proceeds of the
sale of bonds or from other funds, or both, to secure the
payment of the bonds;
(6) invest any funds held in reserve or in sinking fund accounts
or any money not required for immediate disbursement, in
obligations of the state, the United States, or their agencies or
instrumentalities, and other obligors as may be permitted under
the terms of any resolution authorizing the issuance of the
commission's bonds or other obligations;
(7) include in any borrowing or issue amounts considered
necessary by the commission to pay financing charges, interest
on the obligations (for a period not exceeding the period of
construction and a reasonable time after the period of
construction or, if the facility is completed, two (2) years from
the date of issue of the obligations), consultant, advisory, and
legal fees, and other expenses necessary or incident to the
borrowing or issue;
(8) make, execute, and effectuate contracts, agreements, or
other documents with any governmental agency or any person,
corporation, limited liability company, association, partnership,
or other organization or entity necessary or convenient to
accomplish the purposes of this article;
(9) acquire in the name of the commission by the exercise of the
right of condemnation, in the manner provided in this section,
public or private lands, or rights in lands, rights-of-way,
property, rights, easements, and interests, as it considers
necessary for carrying out this article; and
(10) do any and all acts and things necessary, proper, or
convenient to carry out this article.
(b) The commission may provide for facilities for state agencies
or branches of state government if the general assembly, by statute:
(1) finds that the state needs renovation, refurbishing, or
alteration of existing facilities or construction of additional
facilities; and
(2) authorizes the commission to provide for the facilities.
In providing for the facilities, the commission shall proceed under
this article.
(c) If the commission is unable to agree with the owners, lessees,
or occupants of any real property selected for the purposes of this
article, it may proceed to procure the condemnation of the property
under IC 32-24-1. The commission may not institute a proceeding
until it has adopted a resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the commission of the property involved; and
(3) sets out any other facts that the commission considers
necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition and shall be referred to the attorney general for
action, in the name of the commission, in the circuit or superior court
of the county in which the real property is located.
(d) The title to all property acquired in any manner by the
commission shall be held in the name of the commission. As added by Acts 1977, P.L.31, SEC.1. Amended by Acts 1980,
P.L.16, SEC.1; P.L.27-1985, SEC.4; P.L.8-1993, SEC.24;
P.L.2-2002, SEC.26; P.L.235-2005, SEC.57.
IC 4-13.5-1-3.1
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-4
Repealed
(Repealed by P.L.235-2005, SEC.212.)
IC 4-13.5-1-5 Attorney general as legal adviser
Sec. 5. The attorney general shall serve as the legal adviser for the
commission and represent it in any legal proceeding. As added by Acts 1977, P.L.31, SEC.1.
IC 4-13.5-1-6 Contracts for performance of work and purchase or sale of
materials
Sec. 6. Subject to section 8 of this chapter, the commission may
not enter into:
(1) a contract for the performance of work, other than a contract
of employment with a professional person or a commission
employee; or
(2) a contract for the purchase or sale of materials or supplies;
without complying with IC 4-13-2 and the rules and procedures of
the department. As added by Acts 1977, P.L.31, SEC.1. Amended by P.L.123-2002,
SEC.3.
IC 4-13.5-1-7
(Repealed by P.L.11-1993, SEC.8.) IC 4-13.5-1-8 Employment of professionals; plans and specifications; award of
contracts; minority and women's businesses
Sec. 8. (a) The commission may employ architects, engineers,
space planners, construction managers, and other professional
persons it considers necessary to prepare complete plans and
specifications necessary for bidding for construction. The
commission shall consider economy of operation to the extent
practicable in preparing and approving plans and specifications.
(b) The plans and specifications shall be presented for approval
to:
(1) the department;
(2) if the facility is designed to house the supreme court or court
of appeals, the administrator of the supreme court for approval
by the courts;
(3) if the facility is a correctional facility, the department of
correction; and
(4) if the facility consists of communications system
infrastructure, the integrated public safety commission.
(c) After the plans and specifications have been approved by the
commission under subsection (b), the commission shall advertise for
and receive construction bids and award contracts to the best bidders
in the same manner as required by law for the department. However,
with respect to a facility that consists of communications system
infrastructure, if the commission finds that the integrated public
safety commission has already advertised for and received
construction bids or awarded contracts to the best bidders, or both,
substantially in the same manner as required by law for the Indiana
department of administration, the commission is not required to
repeat the advertisement, receipt of bids, or award of contracts. In
making the finding described in this subsection, the commission may
rely upon a certificate of the integrated public safety commission. If
the commission makes the finding described in this subsection, that
is all the authority the commission needs to accept the assignment of
the bids or contracts or both, from the integrated public safety
commission, and all the authority the integrated public safety
commission needs to assign the bids or contracts, or both, to the
commission.
(d) With regard to participation by minority and women's business
enterprises (as defined in IC 4-13-16.5-1 and IC 4-13-16.5-1.3), the
commission shall act in the same manner as required by law for the
department. As added by Acts 1980, P.L.16, SEC.2. Amended by P.L.27-1985,
SEC.6; P.L.240-1991(ss2), SEC.38; P.L.195-2001, SEC.7;
P.L.123-2002, SEC.4.
IC 4-13.5-1-9 Conveyance of real property by state to commission
Sec. 9. The governor may convey, transfer, or sell, with or without
consideration, real property (including the buildings, structures, and
improvements), title to which is held in the name of the state, to the
commission, without being required to advertise or solicit bids or
proposals, in order to accomplish the governmental purposes of this
article. As added by P.L.27-1985, SEC.7.
IC 4-13.5-1-10 Renovation of state facilities; contracts
Sec. 10. The department may enter into a contract with the
commission to renovate, refurbish, or alter a facility owned by the
state without advertising or soliciting bids or proposals under
IC 4-13.6 or IC 5-22. However, in accomplishing the project to
renovate, refurbish, or alter a facility owned by the state, the
commission shall comply with IC 4-13.5-1-8. As added by P.L.27-1985, SEC.8. Amended by P.L.49-1997, SEC.17.
