2013 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 23. PUBLIC-PRIVATE AGREEMENTS
CHAPTER 1. APPLICATION AND CONSTRUCTION
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IC 5-23
ARTICLE 23. PUBLIC-PRIVATE AGREEMENTS
IC 5-23-1
Chapter 1. Application and Construction
IC 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 political subdivision;
adopts the provisions of this article by resolution or ordinance.
As added by P.L.49-1997, SEC.34.
IC 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 under this
article.
As added by P.L.49-1997, SEC.34.
IC 5-23-1-3
Public-private agreement
Sec. 3. The state or a political subdivision may enter into a
public-private agreement with an operator under the terms of this
article.
As added by P.L.49-1997, SEC.34.
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 a
public-private agreement (as defined in IC 36-1-14.3-4 (before its
repeal)) that was entered into or extended before May 10, 1995. The
parties to an agreement described in this section may enter into an
addendum of the agreement to be governed by IC 36-1-14.3 (before
its repeal) and to apply the provisions of IC 36-1-14.3 (before its
repeal) to the agreement. If the parties enter into an addendum under
this section, the addendum becomes a part of the agreement to the
same extent as if the addendum had been part of the original
agreement.
As added by P.L.220-2011, SEC.104.
IC 5-23-1-5
Application of IC 5-22-16.5 to award of contracts under article
Sec. 5. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing
with the Government of Iran) applies to the awarding of contracts,
including contracts for professional services, under this article.
(b) A person may not be awarded a contract under this article if
the person would be disqualified from being awarded a contract
under IC 5-22-16.5.
As added by P.L.21-2012, SEC.5.
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