2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 10. RECREATION, CULTURE, AND COMMUNITY FACILITIES CHAPTER 10. CIVIC CENTER BUILDING AUTHORITY IN SOUTH BEND OR MISHAWAKA
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IC 36-10-10
Chapter 10. Civic Center Building Authority in South Bend or
Mishawaka
IC 36-10-10-1
Application of chapter
Sec. 1. This chapter applies to the two (2) cities having the largest
populations in a county having a population of more than two
hundred fifty thousand (250,000) but less than two hundred seventy
thousand (270,000).
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.12-1992,
SEC.196; P.L.119-2012, SEC.241.
IC 36-10-10-2
Definitions
Sec. 2. As used in this chapter:
"Authority" refers to a civic center building authority created
under this chapter.
"Board" refers to the board of directors of the authority.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-3
Creation; procedure
Sec. 3. The legislative body of a city may adopt an ordinance to
create an authority under this chapter for the purpose of financing,
acquiring, constructing, equipping, and leasing to the city in which
the authority is created land and a building or buildings for civic
purposes. Upon the adoption of the ordinance a separate municipal
corporation known as the "_____________ Civic Center Building
Authority" (including the name of the city) is created. The clerk of
the city shall file a certified copy of the resolution with the judge of
the circuit court of the county in which the authority is created.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-4
Board; members; appointment; terms; vacancies; oath
Sec. 4. (a) Within thirty (30) days after the filing of the certified
copy of the resolution, the executive of the city shall appoint five (5)
directors of the authority. All of the directors must be residents of the
county and at least three (3) of them must be residents of the city.
The directors shall operate under the title "Civic Center Building
Authority Board of Directors". Each appointment shall be evidenced
by a written certificate of appointment signed by the executive. A
copy of the certificate shall be sent to each appointee.
(b) Initial terms of the directors are as follows:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) directors for terms of four (4) years each.
At the expiration of a term, the executive shall appoint a successor for
a four (4) year term. Each director serves until his successor is
appointed and qualified.
(c) If a director dies, resigns, ceases to be a resident of the city, or
is removed for cause, the executive shall appoint another person as
director for the remainder of that term. If a person appointed director
fails to qualify within ten (10) days after the mailing to him of notice
of his appointment, the executive shall appoint another person. Each
director, before entering upon his duties, shall take and subscribe an
oath of office to be endorsed upon his certificate of appointment. The
certificate shall be filed with the clerk of the circuit court.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.7-1983,
SEC.43.
IC 36-10-10-5
Board; members; removal; procedure
Sec. 5. A director may be removed from office for good cause by
an order of the circuit court of the county in which the authority is
located, subject to the procedure of this section. A complaint stating
the preferred charges may be filed by any person against a director.
The cause shall be placed on the advanced calendar and be tried as
other civil causes are tried by the court without the intervention of a
jury. If the charges are sustained, the court shall declare the office
vacant. A change of venue from the judge shall be granted upon
motion, but a change of venue from the county may not be taken.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-6
Board; organizational meeting; officers; annual reorganization
meeting
Sec. 6. The directors originally appointed shall meet within fifteen
(15) days after their appointment at a time and place designated by
the executive for the purpose of organization. The directors shall
elect the following officers of the board from among their number:
(1) President.
(2) Vice president.
(3) Secretary.
(4) Treasurer.
The officers serve until the expiration of the first term to expire. The
board shall meet annually to reorganize within thirty (30) days after
the appointment of each successor director.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.7-1983,
SEC.44.
IC 36-10-10-7
Board; bylaws; meetings; quorum; approval of actions;
reimbursement of expenses
Sec. 7. The board may adopt the bylaws and resolutions that it
considers necessary for the proper conduct of proceedings, the
carrying out of its duties, and the safeguarding of the funds and
property of the authority. Regular and special meetings shall be held
at the times that the board determines and upon notice that it fixes,
either by resolution or in accordance with the bylaws. A majority of
the directors constitutes a quorum, and the concurrence of a majority
is necessary to authorize any action. Directors serve without pay but
are entitled to reimbursement for any expenses necessarily incurred
in the performance of their duties.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-8
Directors; conflicts of interest
Sec. 8. A director may not have any pecuniary interest in any
contract, employment, purchase, or sale made under this chapter. A
transaction in which any director has a pecuniary interest is void.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-9
Preliminary expenses; payment; reimbursement
Sec. 9. (a) All necessary preliminary expenses actually incurred in
the:
(1) making of surveys;
(2) estimates of cost and receipts;
(3) employment of architects, engineers, attorneys, or other
consultants;
(4) giving of notices;
(5) taking of options; and
(6) all other expenses necessary to be paid prior to the issue and
delivery of bonds;
may be met and paid out of funds provided by the city, from funds on
hand or derived from taxes levied and appropriated for these
purposes, or from funds received as donations or contributions.
(b) the funds of the city from which payments are made shall be
fully reimbursed and repaid by the board out of the first proceeds of
the sale of bonds before any other disbursements are made.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-10
Board; powers
Sec. 10. The board may finance and construct a building or
buildings to be used as a convention center on land owned or leased
by the authority and lease that land and building or buildings to the
city in which the authority has been created. The board, acting in the
name of the authority, also may:
(1) sue and be sued; however, all actions against the authority
shall be brought in the circuit or superior courts of the county in
which the authority is located;
(2) appropriate, purchase, lease, and hold any real property
needed or considered useful in connection with a convention
center constructed or to be constructed under this chapter;
(3) acquire by gift, devise, or bequest real and personal property
and hold, use, expend, or dispose of that property for the
purposes authorized by this chapter;
(4) enter upon any lots or lands for the purpose of surveying or
examining them for determining the location of any convention
center;
(5) design, order, contract for, and construct a convention center
and make all necessary or desirable improvements to the
grounds and premises that it acquires;
(6) enter into a lease with the city;
(7) collect rentals payable as provided for in a lease; and
(8) make and enter into all contracts and agreements necessary
or incidental for the performance of its duties and the execution
of its powers under this chapter.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-11
Lease of land and buildings by city from authority; term; lease
before acquisition and construction
Sec. 11. (a) A city may lease land and buildings from the authority
for civic purposes. A contract of lease on a particular building may
not be entered into for a period of more than forty (40) years, but the
lease may be renewable for a similar or shorter period of time.
(b) A city may, in anticipation of the construction and erection of
a convention center, including the necessary equipment and
appurtenances, make and enter into a lease with the authority prior to
the actual acquisition of a site and the construction and erection of the
convention center. A lease may not provide for the payment of any
lease rental by the lessee until the convention center is ready for
occupancy.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-12
Lease; payment of rental; approval
Sec. 12. A lease under this chapter must provide for the payment
of the lease rental by the city from the levy of taxes against the real
and personal property located within the city. The lease is subject to
approval by the department of local government finance under
IC 6-3.5. The lease may be executed before approval; however, if the
department of local government finance does not approve the lease,
it is void.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002,
SEC.522.
IC 36-10-10-13
Lease; notice and hearing; authorization; execution
Sec. 13. (a) When the authority, the city executive, and a majority
of the city legislative body have agreed upon the terms and
conditions of a lease, and before the final execution of the lease, a
notice shall be given by the city clerk by publication of a public
hearing to be held by the city legislative body in the city. The hearing
shall be held on a day at least ten (10) days after the publication of
notice. The notice of the hearing shall be published one (1) time in a
newspaper of general circulation printed in the English language and
published in the city.
(b) The notice must name the date, place, and time of the hearing
and must set forth a brief summary of the principal terms of the lease,
including the character and location of the property to be leased, the
lease rental to be paid, the number of years the contract is to be in
effect, and where the proposed lease, drawings, plans, specifications,
and estimates may be examined. The proposed lease and the
drawings, plans, specifications, and estimates of construction cost
must be open to inspection by the public during the ten (10) day
period and at the meeting.
(c) All interested persons are entitled to be heard at the hearing
concerning the necessity for the execution of the lease and whether
the lease rental is fair and reasonable. The hearing may be adjourned
to a later date with the place to be set before adjournment. Following
the hearing the city legislative body and city executive may either
authorize the execution of the lease as originally agreed upon or may
make modifications that are agreed upon with the authority, the
legislative body, and city executive. The authorization must be done
by ordinance, which shall be entered in the official records of the
legislative body. The lease contract shall be executed on behalf of the
city by the executive and attested by the city clerk. It shall be
executed on behalf of the authority by the president or vice president
and secretary of the board.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-14
Lease; notice of execution; filing and certification of objections;
hearing and decision by department of local government finance
Sec. 14. (a) If the execution of the lease is authorized, notice of the
execution shall be given on behalf of the city by publication one (1)
time in a newspaper of general circulation printed in the English
language and published in the city. Fifty (50) or more taxpayers in
the city whose tax rate will be affected by the proposed lease and
who may be of the opinion that no necessity exists for the execution
of the lease, or that the lease rental is not fair and reasonable, may file
a petition in the office of the city clerk within fifteen (15) days after
publication of notice of the execution of the lease, setting forth their
objections and the facts supporting those objections.
(b) Upon the filing of a petition, the city clerk shall immediately
certify a copy, together with other data that is necessary in order to
present the questions involved, to the department of local government
finance. Upon receipt of a certified petition and information, the
department of local government finance shall set a time and place for
the hearing of the matter in the city where the petition originated. The
hearing shall be held at least five (5) but not more than fifteen (15)
days after receipt of the petition by the department of local
government finance. Notice of the hearing shall be given by the
department of local government finance to the city executive and to
the first ten (10) taxpayer petitioners on the petition by certified mail
sent to the addresses listed on the petition at least five (5) days before
the date of the hearing. After the hearing, the department of local
government finance shall promptly issue its decision on the petition.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002,
SEC.523.
IC 36-10-10-15
Lease; action to contest validity or enjoin performance; limitation
Sec. 15. An action to contest the validity of the lease or to enjoin
the performance of any of the terms and conditions of the lease may
not be brought at any time later than fifteen (15) days after
publication of notice of the execution of the lease, or if an appeal has
been taken to the department of local government finance, then
fifteen (15) days after the decision of the department.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002,
SEC.524.
IC 36-10-10-16
Lease; options to renew or purchase; issuance of general obligation
bonds by city to pay purchase price
Sec. 16. (a) A lease may provide that the lessee has an option to
renew the lease for a similar or shorter term, on conditions that are
provided in the lease. The lease must contain an option to purchase
at any time after ten (10) years from the execution of the lease and
before the expiration of the term of the lease on the date or dates in
each year that are fixed, at a price equal to the amount required to
enable the authority to redeem all outstanding securities payable out
of the rentals provided in the lease, all premiums payable on
redemption, and accrued and unpaid interest, and to pay all other
indebtedness and obligations of the authority attributable to the
construction and leasing of the convention center, including the cost
of liquidation of the authority if it is to be liquidated. A lease may not
provide, nor may it be construed to provide, that the city is under any
obligation to purchase the convention center or under any obligation
with respect to any creditors or bondholders of the authority.
(b) A city exercising an option to purchase may issue general
obligation bonds for the purpose of procuring funds with which to
pay the purchase price of the convention center. The bonds shall be
authorized, issued, and sold in the manner provided by statute.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-17
Lease; approval of plans, specifications, and estimates
Sec. 17. Before the execution of a lease, the authority proposing
to build a convention center for lease to a city shall submit to and
receive approval by the city executive and city legislative body of the
plans, specifications, and estimates of cost for the convention center.
The plans and specifications shall be submitted to and approved by
the state department of health, the department of homeland security,
and other state agencies that are designated by statute to pass on plans
and specifications for public buildings.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.8-1984,
SEC.129; P.L.2-1992, SEC.896; P.L.1-2006, SEC.586.
IC 36-10-10-18
Sale or lease of land by city to authority
Sec. 18. (a) A city desiring to have a convention center erected on
land owned or to be acquired by it may sell or lease the land to the
authority. The land may be leased at a nominal lease rental, but the
term of the lease may not be less than the term of the lease of the
convention center to the city.
(b) Before a sale may take place, the city executive, with the
approval of the city legislative body, shall file a petition with the
circuit court of that county requesting the appointment of:
(1) one (1) disinterested freeholder of the city as an appraiser;
and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to determine the fair market value of the
land. One (1) of the appraisers described under subdivision (2) must
reside not more than fifty (50) miles from the land. Upon their
appointment, the appraisers shall fix the fair market value of the land
and report within two (2) weeks from the date of their appointment.
The city may then sell the land to the authority for an amount not less
than the amount fixed as the fair market value by the appraisers, the
amount to be paid in cash upon delivery of the deed by the city to the
authority. A sale of land by a city to the authority shall be authorized
by the city executive and city legislative body by ordinance, which
shall be entered in the official records of the legislative body. The
deed shall be executed on behalf of the city by the executive and
attested by the city clerk.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.113-2006,
SEC.23.
IC 36-10-10-19
Revenue bonds; issuance; resolution
Sec. 19. (a) In order to procure funds to pay the cost of a
convention center to be built or acquired under this chapter, and to
repay advances for preliminary expenses made to the authority by the
city under section 9 of this chapter, the board may issue revenue
bonds of the authority. The bonds are payable solely from the income
and revenues of the particular convention center financed from the
proceeds of the bonds.
(b) The revenue bonds shall be authorized by resolution of the
board and must bear interest at a rate or rates per year not exceeding
the maximum rate fixed in the resolution, payable semiannually or
annually, and mature serially, either annually or semiannually, at the
times that are determined by the resolution of the board authorizing
the bonds. The maturities of the bonds may not extend over a period
longer than the period of the lease of the convention center for which
the bonds are issued. The bonds may be made redeemable before
maturity at the option of the authority, to be exercised by the board,
at par value together with the premiums and under the terms and
conditions that are fixed by the resolution authorizing the issuance of
the bonds. The principal and interest of the bonds may be made
payable in any lawful medium.
(c) The resolution must determine the form of the bonds, including
the interest coupons to be attached, and must fix the denomination or
denominations of the bonds and the place or places of payment of the
principal and interest, which must be at a state or national bank or
trust company within Indiana or may be at one (1) or more state or
national banks or trust companies outside Indiana. All bonds must
have all the qualities and incidents of negotiable instruments under
statute, and all bonds constitute legal investments for any private trust
funds, and the funds of any banks, trust companies, insurance
companies, building and loan associations, credit unions, banks of
discount and deposit, savings banks, loan and trust safe deposit
companies, rural loan and savings associations, guaranty loan and
savings associations, mortgage guaranty companies, small loan
companies, industrial loan and investment companies, and other
financial institutions organized under statute. Provision may be made
for the registration of the bonds in the name of the owner as to
principal alone.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.42-1993,
SEC.102.
IC 36-10-10-20
Revenue bonds; execution; sale; authority to issue refunding bonds
Sec. 20. (a) The bonds shall be executed by the president of the
board and the corporate seal of the authority shall be affixed and
attested by the secretary of the board. The interest coupons attached
to the bonds shall be executed by placing the facsimile signature of
the treasurer on them. The bonds shall be sold by the board at public
sale and for not less than the par value. Notice of sale shall be
published in accordance with IC 5-3-1.
(b) The board shall award the bonds to the highest bidder as
determined by computing the total interest on the bonds from the date
of issue to the dates of maturity and deducting the premium bid, if
any, unless the board determines that no acceptable bid has been
received. In that case the sale may be continued from day to day, not
to exceed thirty (30) days. A bid may not be accepted that is lower
than the highest bid received at the time fixed for sale in the bond
sale notice.
(c) Any premium received from the sale of the bonds shall be used
solely for the payment of principal and interest on the bonds. The
board may also issue refunding bonds under IC 5-1-5.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-21
Bonds; application of proceeds; lien
Sec. 21. All money received from any bond issued under this
chapter, after reimbursement and repayment to the city of all amounts
advanced for preliminary expenses as provided in section 9 of this
chapter, shall be applied to the payment of the costs of site
acquisition and construction and equipment of the convention center
for which the bonds are issued, including incidental expenses, and
may include interest during construction and for a period of one (1)
year thereafter. A lien exists on all money, until so applied, in favor
of the holders of the bonds or the trustees.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-22
Bonds; trust indenture
Sec. 22. In the discretion of the board, the bonds may be secured
by a trust indenture between the authority and a corporate trustee,
which may be any trust company or national or state bank within
Indiana having trust powers. The trust indenture may mortgage all or
part of the land, convention center, or both for which the bonds are
issued. The trust indenture may contain the provisions for protecting
and enforcing the rights and remedies of the bondholders that are
reasonable and proper, including covenants setting forth the duties of
the authority and board in relation to the construction of the
convention center, its insurance, and the custody, safeguarding, and
application of all money received or to be received by the authority
due to the convention center financed by the issuance of the bonds.
The indenture may set forth the rights and remedies of the
bondholders and trustee and provisions restricting the individual right
of action of bondholders. Within the limits of this chapter, the board
may provide by resolution or in the trust indenture for the payment
of the proceeds of the sale of the bonds to an officer, board, or
depository as it determines for the custody of them and for the
method of disbursement, with safeguards and restrictions that it
determines.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-23
Tax levy by city to pay lease rental
Sec. 23. (a) The legislative body of a city that has entered into an
approved lease contract under this chapter shall annually levy a tax
sufficient to produce each year the necessary revenues that, with
other available money, are sufficient to pay the lease rental provided
to be paid in the lease from taxes.
(b) In fixing and determining the amount of the necessary levy to
pay lease rental payable from taxes, the legislative body may take
into consideration amounts that have been transferred from the net
revenues of the convention center to a fund for payment of lease
rental. This chapter does not relieve the city from the obligation to
pay from taxes any lease rental payable from taxes if other funds are
not available for that purpose. The tax levies are reviewable by other
bodies vested by statute with authority to ascertain that the levies are
sufficient to raise the amount that, with other money available, will
be sufficient to meet the rental which under the lease contract is
payable from taxes. The annual lease rental shall be paid
semiannually to the authority or to the corporate trustee under any
trust indenture following settlements of tax collections.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-24
Tax exemption
Sec. 24. All:
(1) property owned by the authority;
(2) revenues of the authority; and
(3) bonds or other securities issued by the authority, the interest
on them, 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 prior to maturity, proceeds received
at maturity, and the receipt of interest and proceeds;
are exempt from taxation in Indiana for all purposes except the
financial institutions tax imposed under IC 6-5.5 or a state inheritance
tax imposed under IC 6-4.1.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.21-1990,
SEC.59; P.L.254-1997(ss), SEC.36.
IC 36-10-10-25
Handling and expenditure of funds; audit; employment of
construction manager; surety bonds of officers and employees
Sec. 25. (a) Unless provided otherwise, all funds coming into
possession of the authority shall be deposited, held, and secured or
invested in accordance with the general statutes relating to the
handling of public funds. The handling and expenditure of funds
coming into possession of the authority is subject to audit and
supervision by the state board of accounts. All contracts for
construction and equipment of any building shall be let in accordance
with the general statutes relating to public contracts.
(b) The board may employ a construction manager in connection
with the project in the same manner as other professional advisers are
employed.
(c) Any officer or employee of the authority authorized to receive,
disburse, or in any way handle funds or negotiable securities of the
authority shall execute a bond payable to the state, with surety to
consist of a surety or guaranty corporation qualified to do business in
Indiana, in an amount determined by the board. The bond shall be
conditioned upon the faithful performance of his duties and the
accounting for all money and property that may come into his hands
or under his control. The cost of the bonds shall be paid out of funds
of the authority.
(d) The records of the authority are public records.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-26
Liquidation; procedure
Sec. 26. An authority may be liquidated after redemption of all of
its securities, payment of all of its debts, and termination of all of its
leases if the board files a report with the judge of the circuit court
showing those facts and stating that liquidation would be in the best
public interest. If the court finds those facts to be true, it shall make
an order book entry ordering the authority liquidated.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-27
Construction of addition to convention center by city; law
applicable; financing
Sec. 27. The city may construct an addition to the convention
center leased by it under this chapter. The construction of an addition
is subject to all statutes generally applicable to the construction of an
addition to a city building owned by a city. In order to provide money
for such purposes, a city may issue its general obligation bonds or
appropriate money from its general fund or from any other funds or
money available that could be used for such purposes as if the
building were owned instead of leased by the city.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-28
Additions to convention center; party wall agreements
Sec. 28. A city and an authority that enter into a lease under this
chapter may enter into party wall agreements or other agreements
concerning the attaching of an addition or additions to a convention
center. The agreement shall be recorded in the office of the recorder
of the county in which the building is located. The agreement may
provide for an easement or license to construct a part of an addition
over or above any building.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-29
Civic center board of managers; creation; duties; organization
Sec. 29. (a) The city legislative body shall adopt an ordinance
creating a city board of nine (9) members to be known as the "Civic
Center Board of Managers". The board of managers shall supervise,
manage, operate, and maintain:
(1) the convention center and its programs; and
(2) any other public facility owned or leased by the city or by an
agency of it.
(b) A person appointed to the board of managers must be at least
eighteen (18) years of age and a resident of the county in which the
city is located. Five (5) of the managers shall be appointed by the city
executive, and four (4) of the managers shall be appointed by the city
legislative body. The managers serve for terms of three (3) years.
(c) Notwithstanding subsection (b), initial terms of the managers
appointed by the executive are as follows:
(1) One (1) manager for a term of one (1) year.
(2) Two (2) managers for terms of two (2) years.
(3) Two (2) managers for terms of three (3) years.
(d) Notwithstanding subsection (b), the initial terms of the
managers appointed by the city legislative body are as follows:
(1) One (1) manager for a term of one (1) year.
(2) Two (2) managers for terms of two (2) years.
(3) One (1) manager for a term of three (3) years.
(e) A manager may be removed for cause by the appointing
authority. Vacancies shall be filled by the appointing authority, and
any person appointed to fill a vacancy serves for the remainder of the
vacated term. The managers may not receive salaries, but shall be
reimbursed for any expenses necessarily incurred in the performance
of their duties.
(f) The board of managers shall annually elect officers to serve
during the calendar year. The board of managers may adopt
resolutions and bylaws governing its operations and procedure and
may hold meetings as often as necessary to transact business and to
perform its duties. A majority of the managers constitutes a quorum.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-30
Board of managers; powers
Sec. 30. The board of managers may supervise, manage, operate,
and maintain the convention center and its programs. It may do the
following:
(1) Receive and collect money due to or otherwise related to the
convention center; employ an executive manager, an associate
manager, and other agents and employees that are considered
necessary for the fulfillment of its duties, and fix the
compensation of all employees. However, a contract of
employment or other arrangement must be terminable at the will
of the board of managers, except that a contract may be entered
into with an executive manager for a period not exceeding four
(4) years and subject to extension or renewal for similar or
shorter periods.
(2) Let concessions for the operation of restaurants, cafeterias,
public telephones, news and cigar stands, vending machines,
caterers, and all other services considered necessary or desirable
for the operation of the convention center.
(3) Lease a part of the convention center from time to time to
any association, corporation, or individual, with or without the
right to sublet.
(4) Fix charges and establish rules governing the use and
operation of the convention center.
(5) Accept gifts or contributions from individuals, corporations,
limited liability companies, partnerships, associations, trusts, or
foundations; accept funds, loans, or advances on the terms and
conditions that the board of managers considers necessary or
desirable from the federal government, the state, or any of their
agencies or political subdivisions and, to the extent that surplus
earnings may be made available for the purposes of this chapter,
any available surplus earnings of the public utilities owned and
operated by the city.
(6) Receive and collect all money due to the use or leasing of
the convention center or any part of it and from concessions or
other contracts and expend those monies for proper purposes.
(7) Provide coverage for its employees under IC 22-3 and
IC 22-4.
(8) Purchase public liability and other insurance that it considers
necessary.
(9) Make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution
of its powers under this chapter, including enforcement of them.
(10) Maintain and repair the convention center and employ a
building superintendent and other employees that are necessary
to properly maintain the convention center.
(11) Prepare and publish descriptive materials and literature
relating to the convention center and specifying the advantages
of the convention center; do all other acts and things that the
board of managers considers necessary to promote and publicize
the convention center and serve the commercial, industrial, and
cultural interests of Indiana and all its citizens by the use of the
convention center; and assist and cooperate with the state and
other public, governmental, and private agencies and groups of
citizens for those purposes.
(12) Supervise, manage, operate, and maintain any other public
facility owned or leased by the city or by an agency of it when
so directed by a resolution adopted by the city legislative body
and approved by the city executive.
(13) Exercise other powers and perform other duties not in
conflict with this chapter that are specified by ordinance of the
city legislative body.
(14) Perform all other acts necessarily incidental to its duties
and the powers listed in this section.
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.8-1993,
SEC.521.
IC 36-10-10-31
Board of managers; preparation and approval of annual budget;
approval of expenditures
Sec. 31. (a) The board of managers shall prepare a budget for each
calendar year governing the projected operating expenses, the
estimated income, and reasonable reserves. It shall submit that budget
for review, approval, or addition to the city legislative body.
(b) The board of managers may not make expenditures except as
provided in the approved budget, and all additional expenditures are
subject to approval by the city legislative body.
(c) Payments to the users of the convention center or a part of it
that constitute a contractual share of box office receipts are not
considered an operating expense or an expenditure within the
meaning of this section, and the board of managers may make those
payments without approval of the city executive or of the city
legislative body.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-32
Board of managers; controller and assistant controller; duties
Sec. 32. (a) The city controller shall serve as controller of the
board of managers and is the official custodian of all funds and assets
of the board of managers for proper safeguarding and accounting.
The controller shall, with the approval of the board of managers,
appoint an assistant controller to act as auditor for the board of
managers.
(b) The assistant controller is the official custodian of all books of
account and other financial records of the board of managers and has
the other powers and duties that are delegated by the city controller
and the lesser powers and duties that the board of managers
prescribes. The assistant controller, and any other employee or
member of the board of managers authorized to receive, collect, or
expend money, shall give bond for the faithful performance and
discharge of all duties required of him in an amount and with surety
and other conditions that are prescribed and approved by the board
of managers.
(c) The assistant controller shall keep an accurate account of:
(1) all money due the convention center and the board of
managers; and
(2) all money received, invested, and disbursed;
in accordance with generally recognized governmental accounting
principals and procedures. All accounting forms and records shall be
prescribed or approved by the state board of accounts. The assistant
controller shall issue all warrants for the payment of money from the
funds of the board of managers in accordance with procedures
prescribed by the board of managers, but a warrant may not be issued
for the payment of any claim until an itemized and verified statement
of the claim has been filed with the controller, who may require
evidence that all amounts claimed are justly due. All warrants shall
be countersigned by the city controller or by the executive manager.
Payroll and similar warrants may be executed with facsimile
signatures.
(d) If the board of managers or the city has entered into any
agreement to lease convention center facilities from the civic center
building authority, the controller or assistant controller shall pay the
lease rental to the authority within a reasonable period before the date
on which principal or interest on any bonds outstanding issued under
this chapter becomes due. The assistant controller shall submit to the
board of managers at least annually a report of his accounts
exhibiting the revenues, receipts, and disbursements and the sources
from which the revenues and receipts were derived and the purpose
and manner in which the disbursements were made. The board of
managers may require that the report be prepared by a designated,
independent certified public accountant. Handling and expenditure of
funds is subject to audit and supervision by the state board of
accounts.
As added by Acts 1982, P.L.218, SEC.4.
IC 36-10-10-33
Board of managers; conflicts of interest
Sec. 33. Persons serving on the board of managers shall disclose
any pecuniary interest, direct or indirect, in any employment,
financing agreement, or other contract made under this chapter before
any action is taken on it by the board of managers. Any manager
having a pecuniary interest may not vote on the matter. Real property
acquired under this chapter in which a manager has a pecuniary
interest may be acquired by the board of managers only by gift or
condemnation.
As added by Acts 1982, P.L.218, SEC.4.
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