36-10-9.1-1. Application of Chapter
Sec. 1. This chapter applies to each county having a consolidated city. As added by P.L.82-1985, SEC.12.
36-10-9.1-10. Purposes
Sec. 10. The authority is organized for the following purposes: (1) Financing, constructing, and leasing capital improvements to the capital improvement board. (2) Financing and constructing additional improvements to capital improvements owned by the authority and leasing them to the capital improvement board. (3) Acquiring all or a portion of one (1) or more capital […]
36-10-9.1-11. Powers
Sec. 11. The authority may also do any of the following: (1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip capital improvements. (2) Lease those capital improvements to the capital improvement board. (3) Sue, be sued, plead, and be impleaded, but all actions against the authority must be brought in the circuit or […]
36-10-9.1-11.5. Prohibition on Certain Contract Limitations for a Project
Sec. 11.5. (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 […]
36-10-9.1-12. Refunding of Bonds
Sec. 12. (a) Bonds issued under IC 36-10-9 or prior law may be refunded as provided in this section. (b) The capital improvement board may: (1) lease all or a portion of a capital improvement or improvements to the authority, which may be at a nominal lease rental with a lease back to the capital […]
36-10-9.1-13. Lease of Capital Improvements to Capital Improvement Board; Terms
Sec. 13. (a) Before a lease may be entered into, both the capital improvement board and the executive of the county must find that the lease rental provided for is fair and reasonable. (b) A lease of capital improvements from the authority to the capital improvement board: (1) may not have a term exceeding forty […]
36-10-9.1-14. Leases; Exclusivity of Provisions of This Chapter
Sec. 14. This chapter contains full and complete authority for leases between the authority and the capital improvement board. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board or the capital improvement board or any other officer, department, agency, or instrumentality of the state or any political subdivision is required […]
36-10-9.1-15. Approval of Plans and Specifications
Sec. 15. If the lease provides for a capital improvement or improvements thereto to be constructed by the authority, the plans and specifications shall be submitted to and approved by the capital improvement board and all agencies designated by law to pass on plans and specifications for public buildings. As added by P.L.82-1985, SEC.12.
36-10-9.1-16. Common Wall Agreements
Sec. 16. The authority and the capital improvement board may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county. As added by P.L.82-1985, SEC.12.
36-10-9.1-17. Lease or Sale of Property by Capital Improvement Board to the Authority
Sec. 17. (a) The capital improvement board may lease for a nominal lease rental, or sell to the authority, one (1) or more capital improvements or portions thereof or land upon which a capital improvement is located or is to be constructed. (b) Any lease of all or a portion of a capital improvement by […]
36-10-9.1-18. Repealed
As added by P.L.82-1985, SEC.12; P.L.82-1985, SEC.12. Repealed by P.L.19-1986, SEC.62.
36-10-9.1-18.1. Bonds; Issuance by Authority
Sec. 18.1. (a) The authority may issue bonds for the purpose of obtaining money to pay the cost of: (1) acquiring property; (2) constructing, improving, reconstructing, or renovating one (1) or more capital improvements; or (3) funding or refunding bonds issued under IC 36-10-9 or prior law. (b) The bonds are payable solely from the […]
36-10-9.1-18.2. Bonds; Exclusivity of This Chapter
Sec. 18.2. This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed in this […]
36-10-9.1-18.3. Validity of Bonds Issued Under This Chapter Before February 21, 1986; Effect of Repeal of Section 18 of This Chapter
Sec. 18.3. (a) The following do not affect the validity of any bonds issued under this chapter before February 21, 1986: (1) The repeal of section 18 of this chapter by P.L.19-1986, SECTION 62. (2) The enactment of section 18.1 of this chapter by P.L.19-1986, SECTION 63. (3) The enactment of section 18.2 of this […]
36-10-9.1-19. Investment in Bonds of Authority
Sec. 19. Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty […]
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.
36-10-9.1-20. Trust Indenture as Security for Bonds
Sec. 20. (a) The authority may secure bonds issued under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers. (b) The trust indenture may: (1) pledge or assign lease rentals, receipts, and income from […]
36-10-9.1-21. Bonds; Issuance by Capital Improvement Board
Sec. 21. If the capital improvement board exercises its option to purchase leased property, it may issue its bonds as authorized by statute. As added by P.L.82-1985, SEC.12.
36-10-9.1-22. Tax Exemption
Sec. 22. All: (1) property owned by the authority; (2) revenues of the authority; and (3) bonds issued by the authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder’s cost of acquisition, proceeds received upon redemption before maturity, proceeds received at […]
36-10-9.1-23. Actions Contesting Validity of Bonds; Limitations
Sec. 23. Any action to contest the validity of bonds to be issued under this chapter may not be brought after the fifteenth day following: (1) the receipt of bids for the bonds, if the bonds are sold at public sale; or (2) the publication one (1) time in a newspaper of general circulation published […]