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Council adopts resolution authorizing build–operate–transfer procurement option

October 08, 2025 | Town of Newburgh, Warrick County, Indiana


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Council adopts resolution authorizing build–operate–transfer procurement option
The council unanimously adopted Resolution 2025-11, which authorizes the town to use build–operate–transfer (BOT) agreements as an available procurement method under Indiana Code 5-23. Town Attorney Christopher Wishler (addressing the council) explained that the resolution adds BOT to the town’s procurement toolbox but does not require its use for any particular project.

"This ordinance authorizes it, but also it retained the decisions on when, how, and what to use a BOT for still is retained in the town council," Wishler said. He and other council members noted BOT is most useful for specialty projects—for example, the county jail and a pool project in a neighboring town were cited as BOT examples—but that design-bid-build will remain the default procurement approach for most town projects.

Council members asked clarifying questions about how BOT contracts handle not-to-exceed amounts and change orders; Wishler and other staff said those terms vary by contract and that BOT projects can include maximum-price provisions while still allowing for change orders.

The council approved the reading and adoption of the resolution in voice votes; the resolution was adopted unanimously.

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Scribe from Workplace AI
Scribe from Workplace AI