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26A.160 Design, financing, and construction of court facilities -- Rules of
procedure and guidelines -- Oversight -- Financing requirements -Project standards -- Application.
(1)
(2)
The Chief Justice shall establish rules of procedure or guidelines on matters
relating to the design, financing, and construction of court facilities. The rules or
guidelines shall encompass:
(a) The duties and responsibilities of the Administrative Office of the Courts
under this section;
(b) Criteria for evaluating the feasibility or practicability of various contracting
or construction methods;
(c) A project management system for managing, monitoring, and reporting
on projects through all phases from funding to completion, including
change-order procedures;
(d) Assistance to counties in evaluating proposals for architectural,
construction, or other professional services;
(e) Methods for financing energy savings projects, Americans with
Disabilities Act projects, and other improvement projects;
(f) Kentucky standards for court facilities, including detailed requirements for
space, construction, interior and exterior finishes, structural and
mechanical systems, fixed and moveable furniture and equipment, and
maximum unit cost for court facilities throughout the Commonwealth; and
(g) The maintenance and operation of court facilities after construction.
The Administrative Office of the Courts shall oversee the design, financing, and
construction of court facilities. The Administrative Office of the Courts shall:
(a) Assess the need for court facilities construction or renovation throughout
the Commonwealth. The assessment shall consider the age, space
adequacy, projected needs, structural soundness, mechanical and
electrical systems, security needs, and interior and exterior quality of
existing court facilities;
(b) Develop a project program for the construction or renovation of court
facilities that the Administrative Office of the Courts determines to be
most in need of construction or renovation, based on the needs
assessment required under paragraph (a) of this subsection. The project
program shall detail a complete and specifically defined court facilities
project that conforms to the Kentucky standards for court facilities
established under paragraph (f) of subsection (1) of this section, and shall
include itemized space requirements, space relationships, design goals,
scope limits, site considerations, cost estimates, and a proposed project
budget;
(c) Establish the financial condition of any county that contains a court facility
for which a project program under paragraph (b) of this subsection has
been developed to determine the county's ability to participate in the
proposed project. The Administrative Office of the Courts may discharge
this responsibility by obtaining certification of the county's financial
condition from the Department for Local Government under KRS
147A.021(5);
(d)
(3)
(4)
(5)
(6)
(7)
Develop a prioritized list, with cost estimates, based on land availability
and the considerations required by this section, of proposed court
facilities projects, and submit the list to the Chief Justice for approval and
to the Court Facilities Standards Committee for informational purposes
only. Upon approval by the Chief Justice, the Administrative Office of the
Courts shall submit the prioritized list to the Capital Planning Advisory
Board, by April 15 of each odd-numbered year, in accordance with KRS
7A.120; and
(e) Develop and maintain uniform contracts to be used by local units of
government when procuring architectural, construction, financial, or other
services relating to court facilities projects authorized by the General
Assembly.
Before the Administrative Office of the Courts submits a budget request for
court projects under KRS 48.050, each local unit of government that is
expected to participate in financing a requested court project shall enter into a
written memorandum of agreement with the Administrative Office of the Courts.
Each county with a court project authorized by the 2000 General Assembly
shall enter into a written memorandum of agreement with the Administrative
Office of the Courts. The agreement shall be developed by the Administrative
Office of the Courts, shall specify the rights, duties, and obligations of the local
unit of government and the Administrative Office of the Courts relating to the
project, and shall be contingent upon the project's authorization by the General
Assembly.
No contract and no modification to any contract relating to the design,
financing, or construction of court facilities projects authorized by the General
Assembly shall be executed unless first reviewed and approved by the
Administrative Office of the Courts.
All court facilities projects, beginning with those authorized by the 2000
General Assembly, shall comply with the Kentucky standards for court facilities
established under paragraph (f) of subsection (1) of this section. No other
standards shall be used.
This section shall not affect or apply to any contract executed prior to July 14,
2000.
All local units of government or any other entity providing space to the Court of
Justice under KRS 26A.100 shall, consistent with the law, comply with the rules
of procedure and guidelines established by the Chief Justice and administered
by the Administrative Office of the Courts under this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 117, sec. 18, effective July 15, 2010. -Amended 2007 Ky. Acts ch. 47, sec. 11, effective June 26, 2007. -- Created
2000 Ky. Acts ch. 496, sec. 2, effective July 14, 2000.
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