§ 5-1-17-11 — Powers

Indiana § 5-1-17-11

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 1: BONDS AND OTHER OBLIGATIONS
• Ch. 17: Indiana Stadium and Convention Building Authority

Text

(a) The authority may also:
(1) finance, improve, construct, reconstruct, renovate, purchase,
lease, acquire, and equip land and capital improvements;
(2) lease the land or those capital improvements to a capital
improvement board;
(3) sue, be sued, plead, and be impleaded;
(4) condemn, appropriate, lease, rent, purchase, and hold any real
or personal property needed or considered useful in connection
with capital improvements;
(5) acquire real or personal property by gift, devise, or bequest
and hold, use, or dispose of that property for the purposes
authorized by this chapter;
(6) after giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the location
of a capital improvement;
(7) design, order, contract for, and construct, reconstruct, and
renovate any capital improvements or improvements thereto;
(8) employ managers, superintendents, architects, engineers,
attorneys, auditors, clerks, construction managers, and other
employees;
(9) make and enter into all contracts and agreements, including
agreements to arbitrate, that are necessary or incidental to the
performance of its duties and the execution of its powers under
this chapter;
(10) acquire in the name of the authority by the exercise of the
right of condemnation, in the manner provided in subsection (c),
public or private lands, or rights in lands, rights-of-way, property,
rights, easements, and interests, as it considers necessary for
carrying out this chapter; and
(11) take any other action necessary to implement its purposes as
set forth in section 10 of this chapter.
(b) The authority is subject to the provisions of 25 IAC 5 concerning
equal opportunities for minority business enterprises and women's
business enterprises to participate in procurement and contracting
processes. In addition, the authority shall set a goal for participation by
minority business enterprises of fifteen percent (15%) and women's
business enterprises of five percent (5%), consistent with the goals of
delivering the project on time and within the budgeted amount and,
insofar as possible, using Indiana businesses for employees, goods, and
services. In fulfilling the goal, the authority shall take into account
historical precedents in the same market.
(c) If the authority is unable to agree with the owners, lessees, or
occupants of any real property selected for the purposes of this chapter,
the authority may proceed to procure the condemnation of the property
under IC 32-24-1. The authority may not institute a proceeding until the
authority 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 authority of the property involved; and
(3) sets out any other facts that the authority 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 authority, in the circuit or superior court of
the county in which the real property is located.

Legislative History

As added by P.L.214-2005, SEC.6.