2015 Indiana Code
TITLE 5. STATE AND LOCAL ADMINISTRATION
ARTICLE 2. LAW ENFORCEMENT
CHAPTER 2. LAW ENFORCEMENT ACADEMY BUILDING COMMISSION
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<![CDATA[IC 5-2-2
Chapter 2. Law Enforcement Academy Building Commission
IC 5-2-2-1
Creation; powers
Sec. 1. There is hereby created as a public body corporate and
politic a Law Enforcement Academy Building Commission. Said
commission shall have power to sue and be sued, plead and be
impleaded, adopt and have a corporate seal, make rules and by-laws
for the management and regulation of its affairs, and to do all things
necessary or convenient to carry out the powers given in this chapter.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-2
Membership
Sec. 2. The commission shall consist of six (6) members appointed
by the governor. Such appointments shall be made by May 7, 1971,
and shall be made on a bipartisan basis so that not more than one-half
(1/2) of the members of the commission shall at any time be members
of either of the two (2) major political parties. In the first instance,
two (2) members shall be appointed for a term of two (2) years, two
(2) for three (3) years, and two (2) for four (4) years, and the
members of said commission shall be appointed for a term of four (4)
years, excepting when appointed to fill a vacancy, in which case such
appointment shall be only for such unexpired term. All members of
said commission shall serve as such until their successors are duly
appointed and qualified and shall be subject to removal only for good
cause.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by P.L.25-1986,
SEC.8.
IC 5-2-2-3
Meetings; officers and employees
Sec. 3. The commission shall meet immediately after its
appointment in accordance with section 2 of this chapter. It shall elect
a chairman, vice chairman, and secretary-treasurer and is authorized
to employ an executive director who shall be the executive head and
shall be responsible to the commission in carrying out the instructions
of the commission as it fulfills the assigned statutory duties. The
commission shall be empowered to employ all other necessary
assistants, counsel, and consultants to carry out the provisions of this
chapter. The commission shall meet at least once each year and shall
hold upon the call of the chairman, or a majority of the members,
such special meetings as are necessary. The presence of four (4)
members shall constitute a quorum for doing business. At least four
affirmative votes shall be required for the passage of any matter put
to vote of the commission.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by Acts 1979,
P.L.32, SEC.1.
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IC 5-2-2-4
Compensation
Sec. 4. Members of the commission shall be allowed and paid per
diem and travel expenses incurred in connection with the affairs of
the commission but shall receive no further or additional
compensation. Membership on the commission shall not constitute
holding of a public office.
(Formerly: Acts 1971, P.L.43, SEC.1; Acts 1973, P.L.31, SEC.1.)
IC 5-2-2-5
Site acquisition or selection
Sec. 5. The commission is hereby authorized to acquire or select
a site located in the State of Indiana and construct and erect thereon
a building or buildings to be used by the Law Enforcement Training
Board created by IC 1971, 5-2-1, for a Law Enforcement Academy.
The site so selected may be on land already owned by the state, or if
no such site is deemed by the commission suitable or available, the
commission may acquire a site either by purchase, gift or
condemnation as hereinafter provided. If a site of land already owned
by the state is selected, the commission shall have authority, if
necessary, to clear and prepare such site for the construction and
erection thereon of such building or buildings. In addition to
constructing such building or buildings, the commission shall also
install therein any and all equipment, appurtenances and
paraphernalia which may be necessary to constitute a fully equipped
and modern law enforcement academy. If found necessary, the
commission shall also improve, landscape, embellish and beautify
such grounds, and lay out and install such walks, drives, fences and
other necessary appurtenances as may be deemed essential to produce
an integrated and artistic setting. Except as herein otherwise
provided, the location and area of the lands acquired and the
character of the buildings, structures, embellishments, ornamentation,
equipment and other appurtenances therein or thereon shall be
determined by the commission.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-6
Eminent domain
Sec. 6. The law enforcement academy building commission is
hereby endowed with the right and power of eminent domain insofar
as such right or power may be necessary or proper to carry out the
provisions of section 5 of this chapter. If the commission shall be
unable to agree with the owner of the land or right or with the
guardian of such owner as to the damages sustained by such owner
or as to the purchase price of the land or right, the commission may
proceed in the name of the state of Indiana in the exercise of the right
of eminent domain, with which it is under this chapter endowed, to
condemn the land or right necessary or proper to carry out the
provisions of this chapter under the laws of this state. Whenever the
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commission shall deem it necessary to acquire any real estate or right
for any purpose contemplated in this chapter, it may adopt an
appropriate resolution setting forth the description of the real estate
or right sought to be acquired by it, the purpose for which the real
estate is to be used, and such other facts as the commission may deem
necessary or pertinent, and shall refer such resolution to the attorney
general. Thereupon the attorney general shall commence an action in
the name of the state of Indiana in the circuit or superior court of the
county in which such real estate or right described in such resolution
is situated and shall take all necessary and proper steps to secure the
condemnation of such real estate or right. Any employee of the
commission engaged in the execution of any survey authorized by the
commission may enter any lands or waters within this state for the
purpose of inspecting, leveling, or doing any other work deemed
necessary to carry out any of the provisions of this chapter; provided,
however, that by such entry and in doing such work no injury is done
to the real estate or waters entered upon and that no damages result
from such entry or work.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by P.L.25-1986,
SEC.9.
IC 5-2-2-7
Design adoption
Sec. 7. The commission shall procure and adopt a design for the
erection and construction of such building or buildings. For the
purpose of securing designs, the commission shall employ an
architect of known skill and ability in his profession as its architect.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-8
Competitive bids
Sec. 8. Upon completion by the architect, or architects, and the
approval by the commission of these plans and specifications, the
commission shall at one time or from time to time advertise for and
receive competitive bids for the construction and equipment of the
building or buildings. Upon receipt of such bids, the commission
shall then proceed to award a contract, or contracts, to the lowest and
best bidder, or bidders. The procedure for advertising, receiving bids,
and awarding contracts shall conform to all state laws applicable
thereto.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-9
Donations and gifts; authority to receive
Sec. 9. The commission is hereby authorized to receive donations,
gifts, devises and bequests and to use the same for the purpose of
carrying out the provisions of this chapter.
(Formerly: Acts 1971, P.L.43, SEC.1.)
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IC 5-2-2-10
Title to real estate
Sec. 10. The title to all real estate donated, given, devised or
bequeathed to all real estate purchased or otherwise acquired by the
commission shall be good and sufficient, shall be approved by the
attorney general, and shall be taken in the name of the State of
Indiana.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-11
Conflict of interest
Sec. 11. A member of the commission, the architect, or any other
person employed by the commission who knowingly is interested in,
or knowingly derives any profit from, any contract, employment, or
purchase connected with the building or buildings, or with any action
of the commission, commits a Level 6 felony. A member of the
commission, the architect, or any person employed by the
commission who knowingly is interested in any claim against the
commission or the state growing out of the construction of the
building or buildings, other than for compensation for services or
their expenses as provided in this chapter, commits a Level 6 felony.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.502; P.L.158-2013, SEC.77.
IC 5-2-2-12
Contracts; form; publication
Sec. 12. The commission shall not enter into any contract for the
purchase or sale of any material or supplies or for the performance of
any work or labor other than the salaries of employees, when such
material, supplies, work or labor costs are more than ten thousand
dollars ($10,000), without first giving notice of its intention to
purchase or sell such material or supplies, or to contract for such
work or labor, by publication in some newspaper of general
circulation printed and published in the City of Indianapolis, for two
(2) successive weeks prior to the time fixed for the letting of any such
contract or the purchase or sale of such material or supplies. All such
contracts shall be in writing and the other contracting party shall be
required to furnish bond for the faithful performance of the terms of
such contract, in such amount as may be fixed by the commission and
with surety to its approval, and conditioned upon the faithful
performance of such contract.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-13
Repealed
(Repealed by P.L.4-1988, SEC.5.)
IC 5-2-2-14
Revenue debentures; sale
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Sec. 14. (a) For the purpose of providing funds to carry out the
provisions of this chapter with respect to the construction and
equipment of a building or buildings for use as a law enforcement
academy and acquiring or providing a site therefor, the commission
is authorized pursuant to resolution or resolutions to issue and sell
interest bearing law enforcement academy revenue debentures in any
amount not to exceed three million two hundred thousand dollars
($3,200,000) and bearing such date or dates, and maturing at such
time or times not exceeding forty (40) years from their respective
dates, bearing interest at such rate or rates payable semiannually, in
such form, carrying such registration privileges payable at such place
or places, and may be made subject to redemption prior to maturity
in such manner, at such time, and upon such terms with or without
premium, all as may be provided by the pertinent resolution and
expressed on the face of the respective debentures. Such debentures
shall be signed by the chairman of the commission, attested by the
secretary, and with the seal of said commission affixed, provided, that
the signature of the chairman may be a facsimile thereof imprinted
thereon. Interest on said debentures when issued shall be evidenced
by attached interest coupons bearing the facsimile of the signatures
of said chairman and secretary. Such debentures and the interest
coupons thereto attached when issued shall have all the qualities of
negotiable instruments under the law merchant and shall be
incontestable in the hands of a bona fide purchaser or holder thereof
for value, and such debentures and interest thereon shall be exempt
from all taxation except the financial institutions tax and estate,
inheritance, or gift taxes imposed by law. Such debentures shall be
sold at public sale in accordance with the provisions of IC 21-32-3.
In determining the amount of such debentures to be issued and sold
there may be included the cost of construction, the cost of all land
and clearings thereof and improvements thereto, including walks,
drives, and other appurtenances, material and labor which are deemed
necessary, cost of equipment, financing charges, interest accruing on
the debentures prior to and during the construction period, and all
other expenses, including legal fees, engineers' and architects' fees,
and all other expenses necessary or incident to the construction and
equipment of the building or buildings and the acquisition and
providing a site therefor. The proceeds of such debentures are hereby
appropriated for the purpose for which the debentures may be issued
under this chapter and such proceeds shall be deposited and disbursed
in accordance with such provisions and restrictions as the
commission may provide in the resolution authorizing the issuance
thereof. Any debentures issued under the provisions of this chapter
may be thereafter refinanced through the issuance of refunding
debentures subject to such restrictions or conditions as may be
provided in the resolution authorizing the issuance of such debentures
in the first instance and in the issuance of such refunding debentures,
the maturities and other details thereof, the rights of the holders
thereof, and the rights, duties, and obligations of the commission in
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all respects thereto shall be governed by the provisions of this chapter
insofar as the same may be applicable.
(b) The debentures issued under the provisions of this chapter
shall constitute only the corporate obligations of said commission
payable solely and only from and secured exclusively by pledge of
the income and revenue of such building or buildings remaining after
payment or provisions for payment of the expenses of operation,
maintenance, and repair of said building or buildings to the extent
such expenses of operation, maintenance, and repair are not otherwise
provided, and it shall be plainly stated on the face of each such
debenture that same does not constitute an indebtedness of the state
of Indiana within the meaning or application of any constitutional
provision or limitation but that it is payable solely and only as to both
principal and interest from the net revenues of such building or
buildings. The provisions of this chapter and the covenants and
undertakings of the commission as expressed in any proceedings
preliminary to or in connection with the issuance of the debentures
may be enforced by any debenture holder by suit for injunction or
mandamus against the commission or any officer, agent, or employee
thereof, but in no event can any suit for monetary judgement be
brought against the state of Indiana for any violations under the
provisions of this chapter.
(Formerly: Acts 1971, P.L.43, SEC.1.) As amended by P.L.25-1986,
SEC.11; P.L.21-1990, SEC.7; P.L.2-2007, SEC.75.
IC 5-2-2-15
Construction of buildings; occupancy
Sec. 15. When any such debentures shall have been issued, the
commission shall proceed with the construction and equipment of the
building or buildings as promptly as may be, and from and after the
date of completion of such building or buildings it shall be available
for use and occupancy by the Law Enforcement Training Board. It is
hereby represented that the State of Indiana will have a continuing
need for use and occupancy of the facilities to be afforded by said
building or buildings. The commission and the Law Enforcement
Training Board shall enter into appropriate agreements setting forth
the terms and conditions of such use and occupancy and the sums
agreed to be paid at stated intervals for such use and occupancy. The
Law Enforcement Training Board shall not be obligated to continue
such use and occupancy and make payments therefor pursuant to any
such agreement but shall be entitled and required to vacate the
building or buildings if it is shown that the terms and conditions of
such use and occupancy and the amount to be paid therefor is unjust
and unreasonable considering the value of the services and facilities
thereby afforded: Provided, that in determining just and reasonable
amounts to be paid for the use and occupancy of the building or
buildings, the commission shall be required to impose and collect
amounts which in the aggregate will be sufficient to pay the expenses
of operation, maintenance and repair of said building or buildings to
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the extent that such expenses are not otherwise provided and leave a
balance of net income and revenues from the building or buildings to
pay the interest on the debentures as the same become due and
accomplish retirement thereof at or before maturity.
(Formerly: Acts 1971, P.L.43, SEC.1.)
IC 5-2-2-16
Compensation for employees and agents
Sec. 16. The compensation of all employees and agents of the
commission shall be affixed by the Law Enforcement Academy
Building Commission and approved by the Governor.
(Formerly: Acts 1971, P.L.43, SEC.1.)
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