reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to a capital improvement board of managers subject to or created under this chapter.
"Net income" means the gross income after deducting:
(1) the necessary operational expenses of the board in performing its duties (the expenses not to exceed the amount budgeted or approved); and
(2) any reserve provided for in the budget.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-3. Continuation; Creation; Authority to Finance Capital Improvements

Sec. 3. (a) If a county had in existence on January 1, 1982, a capital improvement board of managers that was created under IC 18-7-18 (before its repeal on February 24, 1982), that board continues to exist and is subject to this chapter. In any other county to which this chapter applies, a capital improvement board of managers may be created by ordinance of the county legislative body.
(b) A county to which this chapter applies may finance, construct, equip, operate, and maintain a capital improvement under this chapter.
As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.213-1986, SEC.11; P.L.163-1987, SEC.8; P.L.3-1990, SEC.143.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-4. Membership; Terms; Vacancies; Removal; Oath; Reimbursement of Expenses

Sec. 4. (a) The board is composed of seven (7) members.
(b) The county executive shall determine in the creating ordinance which units within the county shall make appointments to the board. In addition, the creating ordinance must provide that no more than four (4) of the members be affiliated with the same political party. The creating ordinance must also provide staggered terms for the appointments.
(c) Notwithstanding subsection (b), if a board was created under IC 18-7-18 (before its repeal on February 24, 1982), three (3) members shall be appointed by the executive of the second class city and three (3) members shall be appointed by the executive of the county. Those members shall select the seventh member, who serves as president. One (1) of the members appointed by the city executive must be engaged in the hospitality industry in the city. No more than two (2) of the members appointed by the city executive may be affiliated with the same political party and no more than two (2) of the members appointed by the county executive may be affiliated with the same political party. In addition, each member must have been a resident of the county for at least one (1) year immediately preceding the member's appointment. Initial terms of the members are as follows:
(1) One (1) of the members appointed by each appointing authority for a term ending January 15 of the year following the appointment.
(2) Two (2) of the members appointed by each appointing authority for a term ending January 15 of the second year following the appointment.
(3) The seventh member serves for a term ending January 15 of the second year following the appointment.
(d) Subsequent terms of members are for two (2) years. All terms begin on January 15. A member serves until a successor is appointed and qualified. A member may be reappointed after the member's term has expired.
(e) If a vacancy occurs on the board, the appointing authority shall appoint a new member. That member serves for the remainder of the vacated term.
(f) A board member may be removed for cause by the appointing authority who appointed the member.
(g) Each member, before entering upon the member's duties, shall take and subscribe an oath of office in the usual form. The oath shall be endorsed upon the member's certificate of appointment. The certificate shall be promptly filed with the records of the board. However, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), the certificate shall be filed with the clerk of the circuit court of the county in which the board is created.
(h) A member may not receive a salary, but is entitled to reimbursement for any expenses necessarily incurred in the performance of the member's duties.
As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.163-1987, SEC.9; P.L.3-1990, SEC.144; P.L.176-2009, SEC.27; P.L.229-2011, SEC.267.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-5. Organizational Meeting; Officers; Bylaws; Quorum; Approval of Actions

Sec. 5. (a) Immediately after January 15 each year, the board shall hold an organizational meeting. They shall elect one (1) of the members vice president, another secretary, and another treasurer to perform the duties of those offices. The officers serve from the date of their election until their successors are elected and qualified.
(b) The members may adopt the bylaws and rules that they consider necessary for the proper conduct of their duties and the safeguarding of the funds and property entrusted to their care. A majority of the members constitutes a quorum, and the concurrence of a majority of the board is necessary to authorize any action.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-7. Additional Powers

Sec. 7. The board may hire architects, engineers, accountants, attorneys, and consultants in connection with the preparation of plans and specifications for a capital improvement and its financing, paying for it as provided under section 12 of this chapter. The acquisition of a site for a capital improvement, the adoption of plans and specifications, the advertising for bids, and the awarding of contracts for the erection or equipping of the capital improvement shall be done by the board under statutes governing these activities by cities or counties. Title to or interest in any property acquired shall be held in the board's name, and the board has complete and exclusive authority to sell, lease, or dispose of it and to execute all conveyances, leases, contracts, and other instruments in connection with it.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-8. Budget; Preparation; Review

Sec. 8. The board shall prepare a budget for each calendar year covering the projected operating expenses, estimated income, and reasonable reserves. It shall submit the budget for review, approval, or rejection to the fiscal body of the county and, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), also the fiscal body of the second class city. The board may make expenditures only as provided in the budget as approved, unless additional expenditures are approved by the respective fiscal bodies.
As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.3-1990, SEC.146.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-9. Deposit of Net Income From Operation of Capital Improvements

Sec. 9. The net income received by the board from the operation of capital improvements under this chapter shall be deposited semiannually on June 1 and December 1 in the capital improvement fund provided in section 12 of this chapter. However, if there are bonds outstanding, the net income from the convention center shall be deposited in the capital improvement bond fund provided in section 13 of this chapter.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-10. Payment of Certain Operational Expenses From Capital Improvement Fund

Sec. 10. All operational expenses actually incurred by the board within the approved budget necessary to be paid before the receipt of income by the board from the leasing or use of a capital improvement, and any expenses that cannot be paid from that income because of an excess of expenses over income, shall be met and paid by funds in the capital improvement fund.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-12. Capital Improvement Fund; Deposit of Tax Revenues; Expenditures

Sec. 12. Unless there are bonds outstanding under this chapter, any tax revenues received by the board from the treasurer of the state as provided by law shall be deposited in a separate and distinct fund called the "capital improvement fund". Any money in the fund may be expended by the board without the necessity of an appropriation to pay:
(1) operating expenses and maintain reasonable reserves;
(2) for services of architects, engineers, accountants, attorneys, and consultants;
(3) for all or part of the cost of a capital improvement;
(4) the principal on, or interest of, any bonds issued under this chapter that cannot be paid from money in the capital improvement bond fund; or
(5) for any other purpose that has been budgeted and approved under section 8 of this chapter.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-13. Capital Improvement Bond Fund; Amount of Revenue to Be Deposited; Excess Revenues; Use of Funds

Sec. 13. (a) If there are bonds outstanding issued under section 14 of this chapter, the treasurer of the board shall deposit in a separate and distinct fund called the "capital improvement bond fund" all tax revenues received as provided by law until there are sufficient funds from those tax revenues, the proceeds of the bonds, or both of these sources, in the capital improvement bond fund to provide the amount required by the resolution or resolutions or trust agreement or agreements pursuant to which the bonds are issued. The treasurer of the board shall then deposit sufficient tax revenues in the fund to maintain such amounts in the fund as are required by the resolution or resolutions or trust agreement or agreements. The various accounts within the capital improvement bond fund shall be held by the treasurer of the board or by an escrow agent, depository, or trustee as may be provided in the resolution or resolutions or trust agreement or agreements pursuant to which the bonds are issued.
(b) Any excess tax revenues not required by this section to be deposited in the capital improvement bond fund shall be deposited in the capital improvement fund, or, in the discretion of the board, in any special fund that may be established by the board for the payment of principal and interest on any bonds outstanding issued under this chapter. Amounts in the capital improvement bond fund shall be applied to the payment of principal of the bonds and the interest on them and to no other purpose.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-15. Bonds; Covenant With Purchasers; Continuation of Statute

Sec. 15. The Indiana general assembly covenants with the purchasers of any bonds issued under this chapter that the statute authorizing the levy of a specific tax within the county the proceeds of which are required by this chapter to be deposited in a specific fund created under this chapter will not be repealed, amended, or altered in any manner that would reduce or adversely affect the levy and collection of the tax levied, or reduce the rates or amounts of the tax, as long as the principal of, or interest on, any bonds is unpaid. The board, on behalf of the county, is authorized to make a similar pledge or covenant in any agreement with the purchasers of any bonds issued under this chapter or in any resolution or trust agreement pursuant to which the bonds are issued.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-17. Bonds; Application of Proceeds to Construction Cost; Deposit in Reserve Subaccount

Sec. 17. (a) All money received from any bonds issued under this chapter shall be applied solely to the payment of the construction cost of the capital improvement for which the bonds are issued. The cost may include:
(1) planning and development of the capital improvement and all buildings, facilities, structures, and improvements related to it;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that the board considers necessary or desirable to make the capital improvement suitable for use and operation;
(4) architectural, engineering, consultant, and attorney fees;
(5) incidental expenses in connection with the issuance and sale of bonds; and
(6) interest during construction.
(b) To the extent authorized and directed in any resolution of the board or in any trust agreement providing for the issuance of bonds under section 14 of this chapter, proceeds of these bonds may be deposited in the reserve subaccount of the capital improvement bond fund established under section 13 of this chapter. However, the amount deposited, when added to any amount in that subaccount, may not exceed the maximum amount required to be in the subaccount by section 14 of this chapter, taking into consideration the bonds then being issued.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-18. Tax Exemption

Sec. 18. All property owned or used and all income and revenues received by the board are exempt from special assessments and taxation in Indiana for all purposes.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-19. Joint and Cooperative Planning, Financing, Construction, Operation, and Maintenance Agreements

Sec. 19. The board and the state, any department, agency, or commission of the state, or any department, agency, or commission of municipal or county government may enter into agreements, contracts, or leases with each other on the terms that are agreed upon, providing for joint and cooperative planning, financing, construction, operation, or maintenance of a capital improvement or of the buildings, facilities, structures, or improvements that are necessary or desirable in connection with the use and operation of a capital improvement. The buildings, facilities, structures, or improvements may include:
(1) facilities for the comfort of visitors and other persons using the capital improvement;
(2) parking lots and garages;
(3) walks and pedestrian ways;
(4) landscaping, lighting, and beautification; and
(5) open spaces, malls, or plazas desirable to produce a unified architectural and artistic setting for the capital improvement.
As added by Acts 1982, P.L.218, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-20. Dissolution of Boards Created Under Ic 18-7-18; Escheat of Funds

Sec. 20. (a) This section applies only to a board that was created under IC 18-7-18 (before its repeal on February 24, 1982).
(b) If the board is dissolved voluntarily or involuntarily, any funds in the possession of the board or to the credit of the board in the possession of the state escheat to the general fund of the county.
As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.3-1990, SEC.149.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 8. Capital Improvement Boards in Certain Counties › 36-10-8-21. Capital Improvement Board of Managers Operations; Annual Report

Sec. 21. (a) This section applies only to a board that was created under IC 18-7-18 (before its repeal on February 24, 1982).
(b) On or before March 31 each year, the executive manager shall submit to the board an annual report of the operations of the convention and visitor center.
As added by P.L.176-2009, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to a capital improvement board of managers created under this chapter.
"Bonds" means bonds issued under section 12 or section 15 of this chapter and, except as used in section 12 of this chapter or unless the context otherwise requires, lease agreements entered into under section 6(15) of this chapter.
"Excise taxes" refers to the excise taxes imposed by IC 6-9-8, IC 6-9-12, and IC 6-9-13.
"Issue", "issued", or "issuance" means in the case of lease agreements "execute", "executed", or "execution" respectively.
"Lease agreements" means lease agreements entered into under section 6(15) of this chapter.
"Net income" means the gross income from the operation of a capital improvement after deducting the necessary operating expenses of the board.
"Notes" means notes issued under section 21 of this chapter.
"Operating expenses" means:
(1) the necessary operational expenses of the board in performing its duties under this chapter, including maintenance, repairs, replacements, alterations, and costs of services of architects, engineers, accountants, attorneys, and consultants;
(2) the expenses for any other purpose that has been approved under section 8 of this chapter; and
(3) the maintenance of reasonable reserves for any of the items listed in subdivisions (1) and (2) of this definition or for other purposes required under a resolution, ordinance, or trust agreement.
"Principal and interest" or "principal on and interest of" includes, unless the context otherwise requires, payments required by lease agreements.
"Pre-1981 general obligation bonds" means general obligation bonds issued before January 1, 1981.
"Trust agreements", except as used in section 13 of this chapter or unless the context otherwise requires, includes lease agreements.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.82-1985, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-3. Creation of County Board of Managers; Powers of County

Sec. 3. (a) A capital improvement board of managers is created in the county.
(b) The county may finance, construct, equip, operate, and maintain a capital improvement under this chapter.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-4. County Board of Managers; Membership; Terms; Vacancies; Oath of Office; Compensation

Sec. 4. (a) The board is composed of nine (9) members. Five (5) members shall be appointed by the executive of the consolidated city, two (2) members shall be appointed by the governor, one (1) member shall be appointed by the legislative body of the consolidated city from among the members of the legislative body, and one (1) member shall be appointed jointly by majority vote of a body consisting of one (1) member of the board of county commissioners of each county in which a food and beverage tax is in effect under IC 6-9-35 on January 1 of the year of the appointment. The board of county commissioners that has the greatest population of all counties in which a food and beverage tax is in effect under IC 6-9-35 on January 1 of the year of the appointment shall convene the meeting to make the joint appointment. Each county in which a food and beverage tax is in effect under IC 6-9-35 on January 1 of the year of the appointment is entitled to be represented at the meeting by one (1) member of the county's board of county commissioner, who shall be selected by that county's board of county commissioners. One (1) of the members appointed by the executive must be engaged in the hotel or motel business in the county. Not more than four (4) of the members appointed by the executive may be affiliated with the same political party.
(b) The terms of members are for two (2) years beginning on January 15 and until a successor is appointed and qualified. A member may be reappointed after the member's term has expired.
(c) If a vacancy occurs on the board, the appointing authority shall appoint a new member. That member serves for the remainder of the vacated term.
(d) A board member may be removed for cause by the appointing authority who appointed the member.
(e) Each member, before entering upon the duties of office, shall take and subscribe an oath of office in the usual form. The oath shall be endorsed upon the member's certificate of appointment, which shall be promptly filed with the records of the board.
(f) A member does not receive a salary, but is entitled to reimbursement for any expenses necessarily incurred in the performance of the member's duties.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.116-1995, SEC.8; P.L.182-2009(ss), SEC.454; P.L.109-2019, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-5. County Board of Managers; Organizational Meetings

Sec. 5. (a) Immediately after January 15 each year, the board shall hold an organizational meeting. It shall elect one (1) of the members president, another vice president, another secretary, and another treasurer to perform the duties of those offices. The officers serve from the date of their election until their successors are elected and qualified.
(b) The board may adopt the bylaws and rules that it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care. A majority of the members constitutes a quorum, and the concurrence of a majority of the members is necessary to authorize any action.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-6.5. Prohibition on Certain Contract Limitations for a Project

Sec. 6.5. (a) The following definitions apply throughout this section:
(1) "Contract" includes a lease or other agreement.
(2) "Contract limitation" refers to a bid specification, project agreement, lease provision, or other contract document that does any of the following:
(A) Requires a bidder, offeror, or contractor in any contractor tier to enter into or adhere to an agreement with a labor organization relating to a project.
(B) Prohibits a bidder, offeror, or contractor in any contractor tier from entering into or adhering to an agreement with a labor organization relating to a project.
(C) Discriminates against a bidder, offeror, or contractor in any contractor tier for any of the following:
(i) Becoming or remaining a signatory to an agreement with a labor organization relating to a project.
(ii) Refusing to become or remain a signatory to an agreement with a labor organization relating to a project.
(iii) Adhering or refusing to adhere to an agreement with a labor organization relating to a project.
(3) "Project" refers to a project of the board for the construction or lease of a facility and all buildings, facilities, structures, and improvements related to that facility to be financed in whole or in part from funds derived from the establishment of a tax area under IC 36-7-31.5.
(4) "Public benefit" refers to a grant, a tax abatement, a tax credit, or establishment or use of tax area revenues related to a project.
(b) A contract under this chapter or another law relating to a project may not require a contractor or subcontractor to enter into a contract limitation as a condition of being awarded and performing work on the contract. Any such provision is void.
(c) A public entity may not award a public benefit that is conditioned upon a requirement that the person awarded the public benefit include a contract limitation in a contract document related to a project. Any such provision is void.
As added by P.L.109-2019, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-7. Procurement of Materials and Work; Emergency Procedure; Title to or Interest in Property

Sec. 7. (a) The purchase or lease of material and work on a capital improvement shall be done by the board under statutes governing these activities by counties. However, if the total cost of construction or equipping of a capital improvement or of the alteration, maintenance, or repair of any building is estimated to be fifty thousand dollars ($50,000) or less, the board may procure materials and perform the work by its own employees and with owned or leased equipment without awarding a contract. In addition, in an emergency determined and declared by the board and entered in its records, the board may make emergency alterations, repairs, or replacements and contract for them without advertising for bids.
(b) Title to or interest in any property acquired shall be held in the name of the county, and the board has complete and exclusive authority to sell, lease, or dispose of it and to execute all conveyances, leases, contracts, and other instruments in connection with it. However, real property may not be sold without the approval of the executive of the consolidated city.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-8. Annual Budget; Capital Improvement; Issuance of Bonds

Sec. 8. (a) The board shall prepare a budget for each calendar year covering the projected operating expenses, projected expenditures for capital improvements or land acquisition, and estimated income to pay the operating expenses and capital expenditures, including amounts, if any, to be received from excise taxes and ad valorem property taxes. It shall submit the operating and capital budget for review, approval, or rejection to the city-county legislative body. The board may make expenditures only as provided in the budget as approved, unless additional expenditures are approved by the legislative body. However, payments to users of any capital improvement that constitute a contractual share of box office receipts are neither an operating expense nor an expenditure within the meaning of this section.
(b) If the board desires to finance a capital improvement in whole or in part by the issuance of bonds under section 12 or 15 of this chapter, the board shall submit the following information to the city-county legislative body at least thirty (30) days before the adoption of a resolution authorizing the issuance of the bonds:
(1) A description of the project to be financed through the issuance of bonds.
(2) The total amount of the project anticipated to be funded through the issuance of bonds.
(3) The total amount of other anticipated revenue sources for the project.
(4) Any other terms upon which the bonds will be issued.
(c) The city-county legislative body must discuss the information provided in subsection (b) in a public hearing held before the resolution may be adopted by the board.
(d) The board shall post the board's proposed budget and adopted budget on the board's Internet web site.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.42-1994, SEC.14; P.L.182-2009(ss), SEC.455.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-8.1. Long Range Financial Plan

Sec. 8.1. (a) During 2009, the board shall prepare a long range financial plan covering the period beginning with the year 2010 and ending with the year 2041. The long range financial plan must set forth the following:
(1) The schedule for the retirement of all debt that is outstanding as of January 1, 2010.
(2) An estimated operating and capital budget for each calendar year that covers the projected operating expenses, debt obligations, expenditures for capital improvements and land acquisition, and estimated income to pay these items, including the source of each type of income.
(b) Before January 1, 2010, the board shall deliver a copy of the long range financial plan to each member of the city-county legislative body and to the legislative council in an electronic format under IC 5-14-6.
(c) The city-county legislative body shall discuss the long range financial plan in a public hearing.
As added by P.L.182-2009(ss), SEC.456.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-10. Capital Improvement Fund

Sec. 10. (a) Unless there are bonds or notes outstanding under this chapter and secured in whole or in part by money deposited in the capital improvement bond fund, the proceeds of excise taxes received from the treasurer of the state shall be deposited in a separate and distinct fund called the "capital improvement fund". The gross income received by the board from the operation of capital improvements under this chapter shall be deposited in the capital improvement fund, regardless of whether or not there are any bonds or notes outstanding. Any money in the fund may be expended by the board without the necessity of an appropriation to pay or provide for the payment of operating expenses. Money in the fund may also be used by the board without appropriation or approval to pay the principal on, or interest of, any bonds or notes issued under this chapter that cannot be paid from funds in the capital improvement bond fund or may be used for the payment of the principal of, redemption premium, if any, for, and interest on any bonds or notes issued under this chapter, upon prior redemption, or for all or part of the cost of a capital improvement.
(b) The board may covenant in any resolution, ordinance, or trust agreement providing for the issuance of bonds or notes as to the order of application of money deposited in the capital improvement fund, including the holding or disposing of any surplus in that fund.
(c) The net income from the operation of capital improvements under this chapter shall be transferred from the capital improvement fund to the capital improvement bond fund to the extent of any deficiency in the amount required to be in the capital improvement bond fund.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-11.1. Defeased Bonds; Use of Funds in Capital Improvement Bond Fund and Capital Improvement Fund

Sec. 11.1. (a) Upon the defeasance of an issue of capital improvement board bonds, the board may use funds in its capital improvement bond fund for those defeased bonds for the purposes set forth in subsection (b) if the board:
(1) has sold all or part of a capital improvement to a county convention and recreation facilities authority and leased it back; or
(2) has leased all or part of a capital improvement to a county convention and recreation facilities authority and leased it back.
(b) The board may use the funds in the capital improvement fund for the defeased bonds for the following:
(1) As payment of lease rental or as a reserve for lease rental.
(2) As a deposit with the county convention and recreation facilities authority or a trustee for the authority's bond owners to be used for payment of those bonds or as a reserve for those bonds.
(3) For any purpose for which the board is authorized to expend or apply funds.
(4) For any combination of the purposes set forth in subdivisions (1), (2), and (3).
As added by P.L.82-1985, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-14. Tax Covenant With Bond Purchasers

Sec. 14. (a) The Indiana general assembly covenants with the purchasers of any bonds or notes issued under this chapter that:
(1) the excise taxes pledged to the payment of those bonds and notes will not be repealed, amended, or altered in any manner that would reduce or adversely affect the levy and collection of those taxes; and
(2) it will not reduce the rates or amounts of those taxes;
as long as the principal of, or interest on, any bonds or notes is unpaid.
(b) The board, on behalf of the county, may make a similar pledge or covenant in any agreement with the purchasers of any bonds or notes issued under this chapter.
(c) For purposes of this section, the principal of or interest on bonds or notes is considered paid if provision has been made for their payment in such a manner that the bonds or notes are not considered to be outstanding under the resolution, ordinance, or trust agreement under which the bonds or notes are issued.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-15. General Obligation Bonds

Sec. 15. (a) A capital improvement may be financed in whole or in part by the issuance of general obligation bonds of the county.
(b) If the board desires to finance a capital improvement in whole or in part as provided in this section, it shall have prepared a resolution to be adopted by the board of commissioners of the county authorizing the issuance of general obligation bonds. The resolution must state the date or dates on which the principal of the bonds is payable, the maximum interest rate to be paid, and the other terms upon which the bonds shall be issued. The board shall submit the proposed resolution to the city-county legislative body for approval under IC 36-3-6-9, together with a certificate to the effect that the issuance of bonds in accordance with the resolution will be in compliance with this section. The certificate must also state the estimated annual net income of the capital improvement to be financed by the bonds, the estimated annual tax revenues, and the maximum amount payable in any year as principal and interest on the bonds issued under this chapter, including the bonds proposed to be issued, at the maximum interest rate set forth in the resolution. The bonds issued may mature over a period not exceeding forty (40) years from the date of issue.
(c) If the city-county legislative body approves the issuance of bonds under IC 36-3-6-9, the board shall submit the resolution to the executive of the consolidated city, who shall review the resolution. If the executive approves the resolution, the board shall take all action necessary to issue the bonds in accordance with the resolution. An action to contest the validity of bonds issued under this section and sold at a public sale may not be brought after the fifteenth day following the receipt of bids for the bonds.
(d) The provisions of all general statutes relating to:
(1) the filing of a petition requesting the issuance of bonds and giving notice;
(2) the right of:
(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or
(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a);
(3) the giving of notice of the determination to issue bonds;
(4) the giving of notice of a hearing on the appropriation of the proceeds of bonds;
(5) the right of taxpayers to appear and be heard on the proposed appropriation;
(6) the approval of the appropriation by the department of local government finance; and
(7) the sale of bonds at a public sale for not less than par value or at a negotiated sale after June 30, 2018, and before July 1, 2025;
are applicable to the issuance of bonds under this section.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.90-2002, SEC.521; P.L.219-2007, SEC.147; P.L.146-2008, SEC.797; P.L.182-2009(ss), SEC.459; P.L.125-2018, SEC.11; P.L.38-2021, SEC.106; P.L.236-2023, SEC.214.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-16. Bond Revenue; Use

Sec. 16. All money received from any bonds issued under this chapter shall be applied solely to the payment of the construction cost of the capital improvement or capital improvements or the cost of refunding or refinancing outstanding bonds or notes, for which the bonds are issued. The cost may include:
(1) planning and development of the capital improvement and all buildings, facilities, structures, and improvements related to it;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the capital improvement suitable for use and operation;
(4) architectural, engineering, consultant, and attorney fees;
(5) incidental expenses in connection with the issuance and sale of bonds;
(6) reserves for principal and interest and for operations, extensions, replacements, renovations, and improvements;
(7) interest during construction;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance; and
(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, for, and interest on the bonds or notes being refunded or refinanced.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.5-1988, SEC.223.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-17. Rights of Holders of Notes or Bonds

Sec. 17. Unless their rights are restricted by the appropriate bond resolution, ordinance, or trust agreement, any holder of notes or bonds (except pre-1981 general obligation bonds) issued under this chapter or a trustee under a trust agreement entered into under this chapter may, by any suitable form of legal proceeding, protect and enforce any rights provided under statute or granted by the bond resolution, ordinance, or trust agreement.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-18. Tax Exemptions

Sec. 18. All property owned or used and all income and revenues received by the board are exempt from special assessments and taxation in Indiana for all purposes.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-19. Contracts of Board, State, and Political Subdivisions

Sec. 19. The board and the state, any department, agency, or commission of the state, or any department, agency, or commission of municipal or county government, may enter into agreements, contracts, or leases with each other on the terms that are agreed upon, providing for joint and cooperative planning, financing, construction, operation, or maintenance of a capital improvement or of the buildings, facilities, structures, or improvements that are necessary or desirable in connection with the use and operation of a capital improvement.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-20. State Appropriation

Sec. 20. (a) Four million dollars ($4,000,000) has been appropriated out of money in the general fund of the state not otherwise appropriated for distribution by the auditor and treasurer of state to a board that was in existence on March 11, 1967, to be expended by the board for the purpose of financing a convention center to be known as the Indiana convention exposition center. However, the four million dollar ($4,000,000) appropriation could not be spent by the board until funds and assets, exclusive of real property, in addition to this appropriation, had been received by the board under section 6 of this chapter of a total value of two million dollars ($2,000,000) in excess of the cost of the funds and assets to the board. The valuation of the funds and assets shall be conclusively determined by the board and the executive of the consolidated city. This appropriation does not lapse at the end of any biennium.
(b) The four million dollars ($4,000,000), including accrued interest, shall be repaid to the treasurer of state by December 31, 2000, in annual installments. The first payment shall be made on or before December 31, 1992. The amount of the payment must include interest at two percent (2%) per year The repayment shall be made by the board from net income received from the operation of the convention center, from available amounts in the capital improvement fund, and from any contributions, bequests, or other sources available to the board for this purpose.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.27-1992, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-21. Borrowing in Anticipation of Funds

Sec. 21. (a) In anticipation of funds to be received from any source, the board may borrow money and issue notes for a term not exceeding ten (10) years and at a rate or rates of interest determined by the board. The notes shall be issued in the name of the "capital improvement board of managers of __________ county" and may be secured (either on a parity with or junior and subordinate to any outstanding bonds or notes) by:
(1) the pledge of income and revenues of any capital improvement;
(2) the proceeds of excise taxes; or
(3) any other funds anticipated to be received.
The notes are payable solely from the income, excise taxes, revenues, and anticipated funds.
(b) The financing may be negotiated directly by the board with any bank, insurance company, savings association, or other financial institution licensed to do business in Indiana upon the terms and conditions that are agreed upon, except as specifically provided in this section, and may be consummated without public offering. The notes plus interest are exempt from taxation in Indiana as provided for bonds in IC 6-8-5.
As added by Acts 1982, P.L.77, SEC.28. Amended by P.L.79-1998, SEC.111.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9. Marion County Capital Improvement Board › 36-10-9-22. Defense and Indemnity of Officers and Employees in Legal Actions

Sec. 22. A board established under this chapter may defend any current or former member of the board or its officers, employees, or agents in a claim or suit, at law or in equity, that arises from the exercise of powers or the performance of duties or services for the board or that arises from official acts as a member of the board. The board may indemnify a person for any liability, cost, or damages related to a claim or suit, including the payment of legal fees. Before taking action authorized by this section, the board must, by resolution, determine that the action or conduct in question was taken, done, or omitted in good faith.
As added by Acts 1982, P.L.77, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9.1. Marion County Convention and Recreational Facilities Authority › 36-10-9.1-2. "Authority" Defined

Sec. 2. As used in this chapter, "authority" refers to the county convention and recreational facilities authority created by this chapter.
As added by P.L.82-1985, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9.1. Marion County Convention and Recreational Facilities Authority › 36-10-9.1-3. "Board" Defined

Sec. 3. As used in this chapter, "board" refers to the board of directors of the authority.
As added by P.L.82-1985, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9.1. Marion County Convention and Recreational Facilities Authority › 36-10-9.1-4. "Bonds" Defined

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness.
As added by P.L.82-1985, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9.1. Marion County Convention and Recreational Facilities Authority › 36-10-9.1-5. "Capital Improvement Board" Defined

Sec. 5. As used in this chapter, "capital improvement board" refers to the capital improvement board of managers created by IC 36-10-9.
As added by P.L.82-1985, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9.1. Marion County Convention and Recreational Facilities Authority › 36-10-9.1-6. Creation of Authority

Sec. 6. A ________ County Convention and Recreational Facilities Authority (the blank to be filled in with the name of the county) is created in the county as a separate body corporate and politic as an instrumentality of the county to finance facilities for lease to the capital improvement board.
As added by P.L.82-1985, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 9.1. Marion County Convention and Recreational Facilities Authority › 36-10-9.1-7. Board of Directors; Members

Sec. 7. (a) The board is composed of three (3) members, who must be residents of the county appointed by the executive of the county.
(b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms.
(c) If a vacancy occurs on the board, the executive of the county shall fill the vacancy by appointing a new member for the remainder of the vacated term.
(d) A board member may be removed for cause by the executive of the county.
(e) Each member, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the board.
(f) A member may not receive a salary.
As added by P.L.82-1985, SEC.12.