Ind. Code ch. 5-1.2-6

Ind. Code ch. 5-1.2-6
in effect

Ind. Code § 5-1.2-6-1 Recreational facilities and park projects; request; findings; authorization

Sec. 1. At the request of the department of natural resources, the authority may provide for recreational facilities and park projects if the general assembly, by statute: (1) finds that the state needs renovation, refurbishing, or alteration of a recreational facility or park project or the construction of a new recreational facility or park project; and (2) authorizes the authority to provide for the recreational facility or park project. In providing for the recreational facility or park project, the authority shall proceed under this chapter. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-2 Purposes

Sec. 2. The general purposes of this chapter are the following: (1) To provide for the general health and welfare of Indiana citizens by the acquisition, construction, improvement, and operation of public recreational facilities. (2) To facilitate, support, and promote the development and use of the parks of the state. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-3 Applicability

Sec. 3. This chapter applies only to recreational facilities and park projects and not to any other facilities or projects financed by the authority. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-4 Authority's exercise of powers an essential governmental function

Sec. 4. The exercise by the authority of the powers conferred by this chapter in the acquisition, construction, improvement, operation, and maintenance of a park project is an essential governmental function of the state. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-5 Authority may acquire sites; make improvements; enter into use agreements; department of natural resources; approval required

Sec. 5. (a) The authority may acquire sites or improvements from the department of natural resources. (b) The authority may make improvements and enter into agreements for use with the department of natural resources. The agreements: (1) do not need to be approved by the attorney general; and (2) must be approved by the: (A) budget agency, after consulting with the budget committee; and (B) governor; before the department of natural resources may execute the agreement. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-6 Authority may lease property to the department of natural resources; lease terms

Sec. 6. The authority may lease property to the department of natural resources and others. A lease: (1) may provide for the operation, maintenance, improvement, or renovation of the property; (2) must contain standards for operation, quality of goods and services, and price of goods and services; (3) need not be approved by the attorney general or the governor; (4) may be executed by the: (A) chair or vice chair of the authority; and (B) public finance director; and (5) is binding on the state after advertisement one (1) time a week for two (2) weeks in two (2) newspapers published in Indianapolis. The first publication must be at least fourteen (14) days before a public hearing by the authority, and the proposed lease must be on file in the department of natural resources during the period of publication. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-7 Public notice and bidding required for certain contracts

Sec. 7. If the cost of a contract for construction or for the purchase of equipment, materials, or supplies involves an expenditure of more than twenty thousand dollars ($20,000), the authority shall make a written contract with the lowest and best bidder after advertisement for not less than two (2) consecutive weeks in a newspaper of general circulation in Marion County, Indiana, and in other publications if the authority determines appropriate. The notice must state the general character of the work and the general character of the materials to be furnished, the place where the plans and specifications may be examined, and the time and place for receiving bids. Each bid must contain the full name of every person or company interested in the bid and must be accompanied by a sufficient bond or certified check on a solvent bank so that if the bid is accepted, a contract will be entered into and the performance of the bidder's proposal secured. The authority may reject any and all bids. A bond with good and sufficient surety approved by the authority is required of all contractors in an amount equal to at least fifty percent (50%) of the contract price conditioned upon the faithful performance of the contract. As added by P.L.189-2018, SEC.25. Amended by P.L.10-2019, SEC.16.

Ind. Code § 5-1.2-6-8 Authority may acquire interests in land from department of natural resources; park project requirements

Sec. 8. (a) The authority may acquire by: (1) department of natural resources transfer; (2) purchase; or (3) lease; for nominal or substantial consideration any interest in land, including existing facilities, adjuncts, and appurtenances, that the authority considers necessary or convenient for the acquisition, construction, improvement, or development of a park project. (b) A park project undertaken by the authority must: (1) comply with: (A) the master plan for that property; or (B) the Indiana outdoor recreation plan approved by the natural resources commission; or (2) be specifically approved by the natural resources commission. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-9 Authority may acquire interest in land by appropriation; eminent domain; operation of park project

Sec. 9. The authority may acquire by appropriation, under Indiana eminent domain law, any interest in land necessary or proper for the construction or the efficient operation of a park project except land used for parks or park facilities owned by the state or a political subdivision of the state. Title to the property shall be taken in the name of the state for the use of the authority. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-10 Use of park improvement agreements; terms

Sec. 10. (a) The authority and the department of natural resources may enter into appropriate agreements setting forth the terms and conditions of use of park improvements and the money agreed to be paid at intervals for the use. The department of natural resources is not obligated to continue the use and make payments under the agreement but shall vacate the improvements if it is shown that: (1) the terms and conditions of the use and occupancy; and (2) the amount to be paid; are unjust and unreasonable considering the value of the improvements. (b) In determining just and reasonable amounts to be paid for the use of improvements, the authority shall impose and collect money that in the aggregate will be sufficient to pay the expenses of operation, maintenance, and repair of the improvements to the extent that the expenses are not otherwise provided and leave a balance of net income of revenues from the improvements to pay the interest on the bonds as the interest is due and accomplish retirement of the bonds at or before maturity. If the department of natural resources has made all payments provided in the agreements, the use of improvements covered by the agreements and the sites of the improvements revert to the department of natural resources at the end of the terms of the agreement. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-11 Payment of expenses

Sec. 11. All expenses of the authority incurred in carrying out this chapter are payable solely from money provided under this chapter. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-12 Appropriation of bond proceeds

Sec. 12. The proceeds of the bonds are appropriated for and shall be used solely for the payment of the cost of the park project for which the bonds have been issued. The proceeds shall be disbursed in the manner and under the restrictions, if any, that the authority provides in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-13 Surcharge on admissions fees; commission rentals; boat registrations; launching fees; and mooring fees

Sec. 13. (a) The natural resources commission may levy a surcharge not exceeding ten percent (10%), as established by the commission, on any of the following: (1) Admission fees. (2) Commission rentals. (3) Boat registrations. (4) Launching fees. (5) Mooring fees. (b) The receipts from a surcharge shall be deposited in a special fund to be used only to pay rent to the authority and for maintenance of facilities covered by use agreements with the authority as provided in a use agreement entered into between the department of natural resources and the authority. The special fund may be spent for that purpose without appropriation. (c) During the life of a use agreement, a surcharge that has been imposed may not be rescinded or reduced so that the amount in the special fund and the receipts for one (1) year are less than one and two-tenths (1.2) times the anticipated rental payment and maintenance expense of facilities covered by a use agreement. (d) The money in the special fund does not revert to the state general fund. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-14 Revolving fund

Sec. 14. (a) A special revolving fund is created to be used only for the planning of projects, including the hiring of architects, engineers, consultants, and other experts and the doing of any work preliminary to the actual construction of a project. (b) The money in the special revolving fund does not revert to the state general fund. (c) The amount of money in the special revolving fund may not exceed five hundred thousand dollars ($500,000). (d) The authority may do the following: (1) Transfer to the special revolving fund other money in the authority's possession not otherwise committed or needed. (2) Place a gift or grant to the authority not limited in character in the special revolving fund. As added by P.L.189-2018, SEC.25.

Ind. Code § 5-1.2-6-15 Control of property after termination of lease

Sec. 15. (a) Property leased by the authority to another entity other than the department of natural resources, at the termination of the lease or a renewal of the lease, may be leased to the same or other persons upon the terms the authority determines after following the procedure in section 6 of this chapter. If the authority does not lease the property, the property reverts to the control of the department of natural resources for the department's use and operation. The authority may not operate the property. (b) If the authority is entitled to take over the operation of property because of a default in an agreement, the authority may operate the property through the authority's employees or contract with others for the operation of the property. The contract for operation may be with the department of natural resources if the department is not a defaulting party. As added by P.L.189-2018, SEC.25.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026