Indiana § 8-15.5-5-6.1 Public-private agreements; actions to facilitate completion

Indiana Statutes

§ 8-15.5-5-6.1 — Public-private agreements; actions to facilitate completion

Indiana § 8-15.5-5-6.1

Art. 15.5PUBLIC-PRIVATE AGREEMENTS FOR TOLL

Ch. 5Terms and Conditions of Public-Private Agreements

This text of Indiana § 8-15.5-5-6.1 (Public-private agreements; actions to facilitate completion) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-15.5-5-6.1 (2026).

Text

1.

(a)If a public-private agreement is terminated or the authority exercises its right or remedies under the public-private agreement with respect to the project before the completion of the construction, reconstruction, improvement, extension, or expansion of the project as specified by the public-private agreement, the authority, subject to subsection (b), may take any or all of the following actions in order to facilitate completion of the project:

(1)Employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.

(2)Contract with or enter into a public-private agreement with a new operator, and to fix its compensation. (3

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1. (a) If a public-private agreement is
terminated or the authority exercises its right or remedies under the
public-private agreement with respect to the project before the
completion of the construction, reconstruction, improvement,
extension, or expansion of the project as specified by the public-private
agreement, the authority, subject to subsection (b), may take any or all
of the following actions in order to facilitate completion of the project:
(1) Employ or contract with contractors, subcontractors, suppliers,
architects, engineers, and such other advisers, consultants, and
agents as may be necessary in its judgment to complete the
project, and to fix their compensation.
(2) Contract with or enter into a public-private agreement with a
new operator, and to fix its compensation.
(3) Assume and assign any contracts, subcontracts, and supply
agreements.
(4) Enter into one (1) or more agreements with the department to
manage the completion of the project, in which case the
department may employ or contract with contractors,
subcontractors, suppliers, architects, engineers, and such other
advisers, consultants, and agents as may be necessary in its
judgment to complete the project, and to fix their compensation.
(5) Issue bonds and refunding bonds under IC 5-1.2 or IC 8-14.5-6 to provide funding for the completion of the project, to
provide funding for any losses or additional costs incurred by the
authority under the public-private agreement, or to refund any
bonds previously issued by the authority.
(6) Such other actions as the authority considers reasonable and
appropriate in order to complete the project.
(b) Any actions taken by the authority under subsection (a)(2) or
(a)(5) must be submitted to the budget committee for review. The
budget committee shall hold a meeting and conduct a review of the
actions taken by the authority under this section not later than thirty
(30) days after the date the authority submits its actions for review.
(c) Unless otherwise provided by federal law, neither the authority,
the department, nor any operator, contractor, or subcontractor engaged
in completion of the project under this section is required to comply
with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17
concerning purchases of materials and supplies, or any other statutes
concerning procedures for procurement of public works or personal
property as a condition of being awarded and performing work on the
project.