CHAPTER 1. INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION
IC 14-13
ARTICLE 13. LOCAL RESOURCE DEVELOPMENT
IC 14-13-1
Chapter 1. Indiana White River State Park DevelopmentCommission
IC 14-13-1-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the IndianaWhite River state park development commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the White Riverpark development fund created by this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-3
Purposes of chapter
Sec. 3. The general purposes of this chapter are to do thefollowing:
(1) Promote the general health and welfare of citizens ofIndiana.
(2) Provide for the creation, development, and facilitation ofpark, exposition, educational, athletic, and recreational projects.
(3) Provide for the operation and maintenance of those projects.
(4) Create a commission with the authority to carry out thepurposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-4
Liberal construction
Sec. 4. This chapter, being necessary for the welfare of Indianaand the inhabitants of Indiana, should be liberally construed to effectthe purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-5
Creation of commission
Sec. 5. The Indiana White River state park developmentcommission is created as a public body corporate and politic.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-6
Voting members
Sec. 6. The commission has ten (10) voting members as follows:
(1) The director or the director's designee.
(2) The executive of the city of Indianapolis or the executive's
designee.
(3) The president of Indiana University or the president'sdesignee.
(4) Seven (7) members appointed by the governor as follows:
(A) One (1) member for a term ending December 31, 1995.
(B) Two (2) members for terms ending December 31, 1996.
(C) Two (2) members for terms ending December 31, 1997.
(D) Two (2) members for terms ending December 31, 1998.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-7
Term of voting members
Sec. 7. The term of a voting member is four (4) years. However,if an appointee is appointed to serve an unexpired term, the appointeeserves only until the end of the unexpired term.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-8
Political party affiliation of voting members
Sec. 8. Two (2) members appointed for terms expiring at the sametime may not belong to the same political party.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-9
Legislative members
Sec. 9. (a) In addition to the voting members of the commission,the governor shall appoint four (4) legislative members from thegeneral assembly from recommendations made by the speaker of thehouse of representatives and the president pro tempore of the senateas follows:
(1) Two (2) legislative members must be members of the houseof representatives, but may not be members of the samepolitical party.
(2) Two (2) legislative members must be members of the senate,but may not be members of the same political party.
(b) The legislative members may not:
(1) vote in proceedings of the commission; and
(2) be counted for purposes of establishing a quorum.
(c) The term of a legislative member is four (4) years, except forthe following:
(1) A legislative member's membership on the commission isterminated when the legislative member ceases to be a memberof the general assembly.
(2) A legislative member appointed to serve an unexpired termmay serve only until the end of that term.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-10
Eligibility for reappointment
Sec. 10. A member of the commission is eligible for
reappointment.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-11
Chairman; treasurer
Sec. 11. The governor shall annually designate:
(1) one (1) of the voting members of the commission aschairman; and
(2) one (1) of the voting members of the commission astreasurer;
for terms expiring December 31.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-12
Meetings
Sec. 12. (a) The commission shall meet on call of any of thefollowing:
(1) The chairman.
(2) The executive director.
(3) Any three (3) voting members.
(b) Seven (7) voting members constitute a quorum.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-13
Per diem compensation and traveling expenses
Sec. 13. (a) Each voting member is entitled to reimbursement fortraveling and other expenses as provided in the state travel policiesand procedures established by the Indiana department ofadministration and approved by the budget agency. Each votingmember who is not a state employee is entitled to the minimumsalary per diem as provided in IC 4-10-11-2.1(b).
(b) Each legislative member of the commission is entitled toreceive the same per diem, mileage, and travel allowances paid tomembers of the general assembly serving on interim studycommittees established by the legislative council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-14
Executive director
Sec. 14. The governor shall appoint an executive director for thecommission.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-14.5
Code of ethics
Sec. 14.5. (a) The commission shall:
(1) adopt:
(A) rules under IC 4-22-2; or
(B) a policy;
establishing a code of ethics for its employees; or (2) decide it wishes to be under the jurisdiction and rulesadopted by the state ethics commission.
(b) A code of ethics adopted by rule or policy under this sectionmust be consistent with state law and approved by the governor.
As added by P.L.5-1996, SEC.13.
IC 14-13-1-15
Park project development plan
Sec. 15. (a) The commission may design and implement a plan forthe establishment and development of park, exposition, educational,athletic, and recreational projects to be located within one (1) mileof the banks of the White River in a consolidated city and county.The projects may include any of the following:
(1) Parks.
(2) Recreational facilities.
(3) Exposition facilities.
(4) Zoos, aquariums, aviaries, or other facilities for animal life.
(5) Facilities for entertainment, meetings, industrial and tradeshows, athletic events, and other displays and events of cultural,educational, entertainment, and recreational value.
(6) Other facilities that the commission considers appropriateto the general public welfare and to the cultural, recreational,educational, or civic well-being of the public.
(b) In designing and implementing this plan, the commission mayemploy the architects, engineers, surveyors, planners, advisors, andconsultants that the commission considers appropriate. Thecommission may seek and accept the advice and comments of otherpersons and entities, including political subdivisions and publicagencies, that the commission considers appropriate.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-16
Acquisition of property by purchase or lease
Sec. 16. (a) The commission may acquire, by purchase or bylease:
(1) any land, property, rights, rights-of-way, franchises,easements, and other interests in real property, including landunder water and riparian rights; and
(2) any existing facilities, betterments, and improvements;
that the commission considers necessary or convenient for theestablishment, development, construction, improvement, or operationof any projects.
(b) Property may be acquired under subsection (a):
(1) upon the terms; and
(2) at the price or rent;
that the commission considers reasonable and that are agreed uponby the commission and the owner.
(c) The commission may acquire land and other interests in realproperty under subsection (a) by:
(1) gift or bequest; or (2) condemnation under section 17 of this chapter.
(d) The commission shall take and hold title to the land and otherinterests in the name of the state of Indiana.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-17
Eminent domain powers
Sec. 17. (a) The commission may acquire by appropriation underIndiana eminent domain law:
(1) any land, property, rights, rights-of-way, franchises,easements, or other interests in real property, including landunder water and riparian rights; or
(2) any existing facilities, betterments, and improvements, orother property;
necessary and proper for the creation, development, establishment,maintenance, or operation of a project or any part of a project.
(b) If property is acquired under Indiana eminent domain law, thecommission shall use the property only for the specific uses that arestated in the complaint filed under IC 32-24-1-4 and for no otherpurpose.
As added by P.L.1-1995, SEC.6. Amended by P.L.2-2002, SEC.58.
IC 14-13-1-18
Acquisition of property from political subdivisions or publicentities
Sec. 18. Each:
(1) county, city, town, township, and other political subdivisionof the state; and
(2) public agency, department, and commission;
may, upon the terms and conditions that the proper authorities of theentity and the commission consider reasonable and appropriate,lease, lend, grant, or convey to the commission, at the commission'srequest, real or personal property, including an interest in theproperty, owned by the entity that is necessary or convenient toeffecting the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-19
Property improvements
Sec. 19. In establishing and developing projects, the commissionmay:
(1) construct, reconstruct, establish, build, repair, remodel,enlarge, extend, or add to the facilities, betterments, andimprovements; and
(2) clear and prepare any site for construction;
that the commission considers appropriate and in furtherance of thepurposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-20 Conveyance of property to political subdivisions or public entities
Sec. 20. (a) The commission may sell, transfer, or convey to:
(1) a political subdivision of the state; or
(2) a public agency, department, or commission;
for the consideration and upon the terms that the commissionconsiders appropriate real property, including a facility, betterment,or improvement, within the projects or acquired under this chapter,if the sale, transfer, or conveyance and ownership by the transfereefurther the purposes of this chapter.
(b) Transfer is subject to the restrictions that the commissionconsiders appropriate and in furtherance of the purposes of thischapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-21
Management of park projects
Sec. 21. (a) The commission may provide for the construction,improvement, development, operation, and management of theprojects, including any facilities, betterments, and improvements thatare part of the projects, in the manner that the commission considersappropriate and in furtherance of the purposes of this chapter.
(b) The commission may enter into:
(1) a lease agreement as lessor or sublessor; or
(2) an operating or license agreement;
with respect to all or part of a site, a facility, a betterment, or animprovement that is part of the projects with at least one (1) publicor private person or entity, including political subdivisions of thestate and public agencies, departments, and commissions, on theterms and conditions that the commission considers appropriate andin furtherance of the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-22
State capitol health council
Sec. 22. (a) As used in this section, "council" refers to the Indianastate capitol health council.
(b) The Indiana state capitol health council is created for purposesof advising and making recommendations to the commissionconcerning the development, implementation, and facilitation ofprograms, projects, and events for participation by the public in theareas of biology, medicine, pharmaceuticals, nutrition, and relatedareas.
(c) The council consists of not more than twenty (20) membersappointed by the governor under section 26 of this chapter. Membersshall be selected to give the council the benefit of the resources ofthe state relevant to the council's purposes and may include thefollowing:
(1) Persons affiliated with private and public medical,educational, and scientific organizations and institutions.
(2) Other persons whose experience or duties are relevant to the
purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-23
State capitol food and agriculture council
Sec. 23. (a) As used in this section, "council" refers to the Indianastate capitol food and agriculture council.
(b) The Indiana state capitol food and agriculture council iscreated for purposes of advising and making recommendations to thecommission concerning the development, implementation, andfacilitation of programs, projects, and events for participation by thepublic in the areas of agriculture, distribution and processing of food,and related areas.
(c) The council consists of not more than twenty (20) membersappointed by the governor under section 26 of this chapter. Membersshall be selected to give the council the benefit of the resources ofthe state relevant to the council's purposes and may include thefollowing:
(1) Persons experienced in agriculture, food distribution, andfood processing.
(2) Persons affiliated with educational institutions.
(3) Public officials and other persons whose experience orduties are relevant to the purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-24
State capitol athletic council
Sec. 24. (a) As used in this section, "council" refers to the Indianastate capitol athletic council.
(b) The Indiana state capitol athletic council is created forpurposes of advising and making recommendations to thecommission concerning the development, implementation, andfacilitation of athletic and recreational programs, projects, events,facilities, and related matters.
(c) The council consists of not more than twenty (20) membersappointed by the governor under section 26 of this chapter. Membersshall be selected to give the council the benefit of the resources ofthe state relevant to the council's purposes and may include thefollowing:
(1) Persons affiliated with educational institutions andprofessional and amateur athletic organizations.
(2) Other persons whose experience and duties are relevant tothe purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-25
State capitol animal and wildlife council
Sec. 25. (a) As used in this section, "council" refers to the Indianastate capitol animal and wildlife council.
(b) The Indiana state capitol animal and wildlife council is created
for purposes of advising and making recommendations to thecommission concerning the development, implementation, andfacilitation of programs, projects, and events for participation by thepublic in the areas of domestic and nondomestic animal science,breeding, and care, veterinary science, animal nutrition, zoologicalscience, animal wildlife study, and related areas.
(c) The council consists of not more than twenty (20) membersappointed by the governor under section 26 of this chapter. Membersshall be selected to give the council the benefit of the resources ofthe state relevant to the council's purposes and may include thefollowing:
(1) Persons affiliated with educational, scientific, andagricultural institutions and organizations.
(2) Other persons whose experience and duties are relevant tothe purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-26
Members of councils
Sec. 26. The membership of each council created by this chaptershall be appointed as follows:
(1) The term of each member is four (4) years, expiringDecember 31. One-fourth (1/4) of the initial members of eachcouncil shall be appointed for terms expiring each year.
(2) The governor shall designate one (1) of the members of eachcouncil as chairman of the council.
(3) A member is eligible for reappointment.
(4) Not more than sixty percent (60%) of the members of eachcouncil may be affiliated with the same political party.
(5) A vacancy occurring during a term shall be filled for theunexpired term by majority vote of the remaining members ofthe council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-27
Consultation with advisory councils
Sec. 27. The commission shall do the following:
(1) Consult with the following:
(A) The health council.
(B) The food and agriculture council.
(C) The athletic council.
(D) The animal and wildlife council.
(2) Study the feasibility of programs, projects, events, andfacilities of national and international significance in the areasof health, nutrition, physical fitness, medical science,recreation, athletics, animal study, veterinary science, andrelated areas.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-28 General powers of commission
Sec. 28. The commission may do the following:
(1) Adopt bylaws for the regulation of the commission's affairsand the conduct of the commission's business.
(2) Adopt an official seal, which may not be the seal of thestate.
(3) Maintain a principal office and other offices that thecommission designates.
(4) Sue and be sued in the name and style of "White River StatePark Development Commission", with service of process beinghad upon the chairman of the commission by leaving a copy atthe principal office of the commission.
(5) Acquire by grant, purchase, gift, devise, lease, eminentdomain, or otherwise and hold, use, sell, lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
necessary for the full exercise or convenient or useful for thecarrying on of any of the commission's powers under thischapter.
(6) Exercise within Indiana and in the name of the state ofIndiana the power of eminent domain under Indiana lawgoverning the exercise of the power of eminent domain for anypublic purposes.
(7) Fix, collect, and review admission charges, entrance fees,tolls, and other user charges for the use of a facility within theprojects owned or leased by the commission or dedicated to thecommission by a political subdivision of the state or a publicagency, department, or commission having jurisdiction of thefacility.
(8) Acquire by fee or by lease, obtain option on, hold, anddispose of real and personal property reasonably necessary andproper to the exercise of the commission's powers and theperformance of the commission's duties under this chapter.
(9) Make and enter into all contracts, undertakings, andagreements necessary or incidental to the performance of thecommission's duties and the execution of the commission'spowers under this chapter.
(10) Employ and fix the compensation of consulting engineers,superintendents, and other engineers, construction andaccounting experts, attorneys, and other employees and agentsthe commission considers necessary.
(11) Conduct studies of the financial feasibility of the park andrecreational projects and facilities, betterments, andimprovements within those projects.
(12) Avail itself of the services of professional and otherpersonnel employed by an agency, a department, or acommission of the state for purposes of studying the feasibilityof or designing, constructing, or maintaining the projects or afacility within those projects.
(13) Receive and accept: (A) from the federal government or a federal agency ordepartment grants for or in aid of the acquisition,construction, improvement, or development of any part ofthe projects of the commission; and
(B) aid or contributions from any source of money, property,labor, or other things of value;
to be held, used, and applied only for the purposes, consistentwith the purposes of this chapter, for which the grants andcontributions may be made.
(14) Hold, use, administer, and expend the money that isappropriated or transferred to the commission.
(15) Assist or cooperate with a political subdivision or publicagency, department, or commission, including the payment ofmoney or the transfer of property by the commission to thepolitical subdivision or public agency, department, orcommission, if the commission considers the assistance orcooperation appropriate and in furtherance of the purposes ofthis chapter.
(16) Accept assistance and cooperation from a politicalsubdivision or public agency, department, or commission,including the acceptance of money or property by thecommission from the political subdivision or public agency,department, or commission, if the commission considers theassistance or cooperation appropriate and in furtherance of thepurposes of this chapter.
(17) All acts and things necessary or proper to carry out thepowers expressly granted in this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-29
Creation of fund
Sec. 29. (a) The White River park development fund is created.The commission shall make expenditures from the fund only toaccomplish the purposes of this chapter, including the acquisition ofreal property and interests in real property as the site for projects ofthe commission and the construction of facilities, betterments, andimprovements within the projects.
(b) The commission shall do the following:
(1) Hold the fund in the name of the commission.
(2) Administer the fund.
(3) Make all expenditures from the fund.
(c) The money in the fund at the end of a fiscal year remains inthe fund and does not revert to any other fund.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-30
Revenue bonds; issuance
Sec. 30. (a) The acquisition, construction, or improvement of realproperty, a facility, a betterment, or an improvement constituting partof a project of the commission, including acquisition of the site for
a project, may be financed in whole or in part by the issuance beforeJuly 1, 2005, of bonds payable solely out of the net income receivedfrom the operation of the real property, facility, betterment, orimprovement.
(b) If the commission desires to finance an acquisition, aconstruction, or an improvement in whole or in part as provided inthis section or sections 31 through 36 of this chapter, the commissionmust adopt a resolution authorizing the issuance of bonds. Theresolution must set forth the following:
(1) The date on which the principal of the bonds matures, notexceeding forty (40) years from the date of issuance.
(2) The maximum interest rate to be paid on the bonds.
(3) Other terms and conditions upon which the bonds areissued.
(c) The commission shall take all actions necessary to issue thebonds in accordance with the resolution. The commission may enterinto a trust agreement with a trust company as trustee for thebondholders. An action to contest the validity of any bonds to beissued under this chapter may not be brought after the fifteenth dayfollowing the receipt of bids for the bonds.
As added by P.L.1-1995, SEC.6. Amended by P.L.235-2005,SEC.183.
IC 14-13-1-31
Revenue bonds; not debt of state or subdivision; payable solelyfrom money pledged
Sec. 31. (a) Revenue bonds issued under this chapter or underIC 14-6-29 (before its repeal) do not constitute any of the following:
(1) A debt of the state or of a political subdivision of the state.
(2) A pledge of the faith and credit of the state or a politicalsubdivision of the state.
(b) The bonds are payable solely from the revenues pledged fortheir payment as authorized in this chapter or IC 14-6-29 (before itsrepeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-1-32
Revenue bonds; redemption; negotiability
Sec. 32. (a) Revenue bonds issued under this chapter or underIC 14-6-29 (before its repeal) may be made redeemable beforematurity at the option of the commission at the price and under theterms and conditions that are set by the commission in theauthorizing resolution. The commission shall do the following:
(1) Determine the form of the bonds, including any interestcoupons to be attached to the bonds.
(2) Fix the denomination of the bonds.
(3) Fix the place of payment of principal and interest, whichmay be at any bank or trust company within or outside Indiana.
(b) Revenue bonds have the qualities and incidents of negotiableinstruments under Indiana law. Provision may be made for the
registration of any of the bonds as to principal alone and also as toboth principal and interest.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-33
Revenue bonds; requirements
Sec. 33. (a) Revenue bonds issued under this chapter shall beissued in the name of the commission and must recite on the face ofeach bond that the principal of and interest on the bond are payablesolely from revenues pledged for their payment and are not anobligation of the state or of a political subdivision of the state.
(b) The chairman of the commission shall execute the bonds, andthe secretary of the commission shall affix and attest the seal of thecommission.
(c) Coupons attached to the bonds must bear the facsimilesignature of the chairman of the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-34
Revenue bonds; authority to issue
Sec. 34. This chapter and IC 14-6-29 (before its repeal) constitutefull and complete authority for the issuance of revenue bonds. A law,a procedure or proceeding, a publication, a notice, a consent, anapproval, an order, an act, or a thing by the commission or any otherofficer, department, agency, or instrumentality of the state, a county,or a municipality is not required to issue revenue bonds except asprescribed in this chapter or IC 14-6-29 (before its repeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-1-35
Revenue bonds; legal investments
Sec. 35. Revenue bonds issued under this chapter or IC 14-6-29(before its repeal) constitute legal investments for the following:
(1) Private trust money.
(2) The money of banks, trust companies, insurance companies,building and loan associations, credit unions, banks of discountand deposit, savings associations, mortgage guarantycompanies, small loan companies, industrial loan andinvestment companies, and any other financial institutionsorganized under Indiana law.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-36
Revenue bonds; refunding bonds
Sec. 36. (a) The commission may issue refunding bonds beforeJuly 1, 2005, in the name of the commission for the followingpurposes:
(1) Refunding any bonds then outstanding and issued under thischapter or under IC 14-6-29 (before its repeal), includingpayment of redemption premium and interest accrued or to
accrue to the date of redemption of the outstanding bonds.
(2) If considered advisable by the commission, constructingimprovements, extensions, or enlargements of a facility, abetterment, or an improvement in connection with which thebonds to be refunded have been issued.
(b) The issuance of the refunding bonds, the maturity dates andother details, and all rights, duties, and obligations of the holders ofthe refunding bonds and of the commission with respect to therefunding bonds are subject to this chapter.
As added by P.L.1-1995, SEC.6. Amended by P.L.235-2005,SEC.184.
IC 14-13-1-37
Public purpose
Sec. 37. The exercise of the powers granted by this chapter is forthe benefit of the people of Indiana and for the increase of theircommerce, health, enjoyment, and prosperity. The operation,creation, development, and maintenance of the projects by thecommission constitutes the performance of essential governmentalfunctions.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-38
Tax exemptions
Sec. 38. (a) The commission is not required to pay any taxes orassessments upon any of the following:
(1) A project of the commission.
(2) A facility, betterment, or improvement within a project.
(3) Property acquired or used by the commission under thischapter or IC 14-6-29 (before its repeal).
(4) The income or revenue from the property.
(b) The:
(1) bonds issued under this chapter or under IC 14-6-29 (beforeits repeal);
(2) interest on the bonds;
(3) proceeds received by a holder from the sale of the bonds tothe extent of the holder's cost of acquisition;
(4) proceeds received upon redemption before maturity orproceeds received at maturity; and
(5) receipt of interest and proceeds;
are exempt from taxation in Indiana for all purposes except thefinancial institutions tax imposed under IC 6-5.5 or a stateinheritance tax imposed under IC 6-4.1.
As added by P.L.1-1995, SEC.6. Amended by P.L.254-1997(ss),SEC.19.
IC 14-13-1-39
Applicability of IC 8-23-17
Sec. 39. IC 8-23-17 applies to activities conducted under thischapter.As added by P.L.1-1995, SEC.6.
IC 14-13-1-40
Consideration of racial minorities
Sec. 40. It is the intent of the general assembly that considerationbe given to the selection of persons who are members of racialminorities for the following:
(1) Appointment to the commission.
(2) Appointment to the advisory councils created by thischapter.
(3) Constructing, improving, developing, operating, ormanaging projects, facilities, or improvements of thecommission.
(4) Entering into contracts or leases or receiving licenses to beawarded under this chapter.
As added by P.L.1-1995, SEC.6.