CHAPTER 10. CIVIC CENTER BUILDING AUTHORITY IN SOUTH BEND OR MISHAWAKA
IC 36-10-10
Chapter 10. Civic Center Building Authority in South Bend orMishawaka
IC 36-10-10-1
Application of chapter
Sec. 1. This chapter applies to the two (2) cities having the largestpopulations in a county having a population of more than twohundred thousand (200,000) but less than three hundred thousand(300,000).
As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.12-1992,SEC.196.
IC 36-10-10-2
Definitions
Sec. 2. As used in this chapter:
"Authority" refers to a civic center building authority createdunder 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 tocreate an authority under this chapter for the purpose of financing,acquiring, constructing, equipping, and leasing to the city in whichthe authority is created land and a building or buildings for civicpurposes. Upon the adoption of the ordinance a separate municipalcorporation known as the "_____________ Civic Center BuildingAuthority" (including the name of the city) is created. The clerk ofthe city shall file a certified copy of the resolution with the judge ofthe 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 certifiedcopy of the resolution, the executive of the city shall appoint five (5)directors of the authority. All of the directors must be residents of thecounty and at least three (3) of them must be residents of the city.The directors shall operate under the title "Civic Center BuildingAuthority Board of Directors". Each appointment shall be evidencedby a written certificate of appointment signed by the executive. Acopy 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 isappointed and qualified.
(c) If a director dies, resigns, ceases to be a resident of the city, oris removed for cause, the executive shall appoint another person asdirector for the remainder of that term. If a person appointed directorfails to qualify within ten (10) days after the mailing to him of noticeof his appointment, the executive shall appoint another person. Eachdirector, before entering upon his duties, shall take and subscribe anoath of office to be endorsed upon his certificate of appointment. Thecertificate 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 byan order of the circuit court of the county in which the authority islocated, subject to the procedure of this section. A complaint statingthe preferred charges may be filed by any person against a director.The cause shall be placed on the advanced calendar and be tried asother civil causes are tried by the court without the intervention of ajury. If the charges are sustained, the court shall declare the officevacant. A change of venue from the judge shall be granted uponmotion, 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 reorganizationmeeting
Sec. 6. The directors originally appointed shall meet within fifteen(15) days after their appointment at a time and place designated bythe executive for the purpose of organization. The directors shallelect 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. Theboard shall meet annually to reorganize within thirty (30) days afterthe 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 itconsiders necessary for the proper conduct of proceedings, thecarrying out of its duties, and the safeguarding of the funds andproperty 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 ofthe directors constitutes a quorum, and the concurrence of a majorityis necessary to authorize any action. Directors serve without pay butare entitled to reimbursement for any expenses necessarily incurredin 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 anycontract, employment, purchase, or sale made under this chapter. Atransaction 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 incurredin the:
(1) making of surveys;
(2) estimates of cost and receipts;
(3) employment of architects, engineers, attorneys, or otherconsultants;
(4) giving of notices;
(5) taking of options; and
(6) all other expenses necessary to be paid prior to the issue anddelivery of bonds;
may be met and paid out of funds provided by the city, from funds onhand or derived from taxes levied and appropriated for thesepurposes, or from funds received as donations or contributions.
(b) the funds of the city from which payments are made shall befully reimbursed and repaid by the board out of the first proceeds ofthe 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 orbuildings to be used as a convention center on land owned or leasedby the authority and lease that land and building or buildings to thecity in which the authority has been created. The board, acting in thename of the authority, also may:
(1) sue and be sued; however, all actions against the authorityshall be brought in the circuit or superior courts of the countyin which the authority is located;
(2) appropriate, purchase, lease, and hold any real propertyneeded or considered useful in connection with a conventioncenter constructed or to be constructed under this chapter;
(3) acquire by gift, devise, or bequest real and personal propertyand 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 orexamining them for determining the location of any conventioncenter;
(5) design, order, contract for, and construct a convention centerand make all necessary or desirable improvements to thegrounds 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 necessaryor incidental for the performance of its duties and the executionof 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; leasebefore acquisition and construction
Sec. 11. (a) A city may lease land and buildings from the authorityfor civic purposes. A contract of lease on a particular building maynot be entered into for a period of more than forty (40) years, but thelease may be renewable for a similar or shorter period of time.
(b) A city may, in anticipation of the construction and erection ofa convention center, including the necessary equipment andappurtenances, make and enter into a lease with the authority priorto the actual acquisition of a site and the construction and erection ofthe convention center. A lease may not provide for the payment ofany lease rental by the lessee until the convention center is ready foroccupancy.
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 paymentof the lease rental by the city from the levy of taxes against the realand personal property located within the city. The lease is subject toapproval by the department of local government finance underIC 6-3.5. The lease may be executed before approval; however, if thedepartment 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 majorityof the city legislative body have agreed upon the terms andconditions of a lease, and before the final execution of the lease, anotice shall be given by the city clerk by publication of a publichearing to be held by the city legislative body in the city. The hearingshall 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 ina newspaper of general circulation printed in the English languageand published in the city.
(b) The notice must name the date, place, and time of the hearingand must set forth a brief summary of the principal terms of thelease, including the character and location of the property to beleased, the lease rental to be paid, the number of years the contractis to be in effect, and where the proposed lease, drawings, plans,specifications, and estimates may be examined. The proposed leaseand the drawings, plans, specifications, and estimates of constructioncost must be open to inspection by the public during the ten (10) dayperiod and at the meeting.
(c) All interested persons are entitled to be heard at the hearingconcerning the necessity for the execution of the lease and whetherthe lease rental is fair and reasonable. The hearing may be adjournedto a later date with the place to be set before adjournment. Followingthe hearing the city legislative body and city executive may eitherauthorize the execution of the lease as originally agreed upon or maymake modifications that are agreed upon with the authority, thelegislative body, and city executive. The authorization must be doneby ordinance, which shall be entered in the official records of thelegislative body. The lease contract shall be executed on behalf of thecity by the executive and attested by the city clerk. It shall beexecuted on behalf of the authority by the president or vice presidentand 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 ofthe execution shall be given on behalf of the city by publication one(1) time in a newspaper of general circulation printed in the Englishlanguage and published in the city. Fifty (50) or more taxpayers inthe city whose tax rate will be affected by the proposed lease andwho may be of the opinion that no necessity exists for the executionof the lease, or that the lease rental is not fair and reasonable, mayfile a petition in the office of the city clerk within fifteen (15) daysafter publication of notice of the execution of the lease, setting forththeir objections and the facts supporting those objections.
(b) Upon the filing of a petition, the city clerk shall immediatelycertify a copy, together with other data that is necessary in order topresent the questions involved, to the department of localgovernment finance. Upon receipt of a certified petition andinformation, the department of local government finance shall set atime and place for the hearing of the matter in the city where thepetition originated. The hearing shall be held at least five (5) but notmore than fifteen (15) days after receipt of the petition by thedepartment of local government finance. Notice of the hearing shallbe given by the department of local government finance to the city
executive and to the first ten (10) taxpayer petitioners on the petitionby certified mail sent to the addresses listed on the petition at leastfive (5) days before the date of the hearing. After the hearing, thedepartment of local government finance shall promptly issue itsdecision 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 enjointhe performance of any of the terms and conditions of the lease maynot be brought at any time later than fifteen (15) days afterpublication of notice of the execution of the lease, or if an appeal hasbeen taken to the department of local government finance, thenfifteen (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 obligationbonds by city to pay purchase price
Sec. 16. (a) A lease may provide that the lessee has an option torenew the lease for a similar or shorter term, on conditions that areprovided in the lease. The lease must contain an option to purchaseat any time after ten (10) years from the execution of the lease andbefore the expiration of the term of the lease on the date or dates ineach year that are fixed, at a price equal to the amount required toenable the authority to redeem all outstanding securities payable outof the rentals provided in the lease, all premiums payable onredemption, and accrued and unpaid interest, and to pay all otherindebtedness and obligations of the authority attributable to theconstruction and leasing of the convention center, including the costof liquidation of the authority if it is to be liquidated. A lease maynot provide, nor may it be construed to provide, that the city is underany obligation to purchase the convention center or under anyobligation with respect to any creditors or bondholders of theauthority.
(b) A city exercising an option to purchase may issue generalobligation bonds for the purpose of procuring funds with which topay the purchase price of the convention center. The bonds shall beauthorized, 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 proposingto build a convention center for lease to a city shall submit to andreceive approval by the city executive and city legislative body of theplans, specifications, and estimates of cost for the convention center.
The plans and specifications shall be submitted to and approved bythe state department of health, the department of homeland security,and other state agencies that are designated by statute to pass onplans 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 onland owned or to be acquired by it may sell or lease the land to theauthority. The land may be leased at a nominal lease rental, but theterm of the lease may not be less than the term of the lease of theconvention center to the city.
(b) Before a sale may take place, the city executive, with theapproval of the city legislative body, shall file a petition with thecircuit 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 theland. One (1) of the appraisers described under subdivision (2) mustreside not more than fifty (50) miles from the land. Upon theirappointment, the appraisers shall fix the fair market value of the landand 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 lessthan the amount fixed as the fair market value by the appraisers, theamount to be paid in cash upon delivery of the deed by the city to theauthority. A sale of land by a city to the authority shall be authorizedby the city executive and city legislative body by ordinance, whichshall be entered in the official records of the legislative body. Thedeed shall be executed on behalf of the city by the executive andattested 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 aconvention center to be built or acquired under this chapter, and torepay advances for preliminary expenses made to the authority by thecity under section 9 of this chapter, the board may issue revenuebonds of the authority. The bonds are payable solely from the incomeand revenues of the particular convention center financed from theproceeds of the bonds.
(b) The revenue bonds shall be authorized by resolution of theboard and must bear interest at a rate or rates per year not exceedingthe maximum rate fixed in the resolution, payable semiannually orannually, and mature serially, either annually or semiannually, at thetimes that are determined by the resolution of the board authorizing
the bonds. The maturities of the bonds may not extend over a periodlonger than the period of the lease of the convention center for whichthe bonds are issued. The bonds may be made redeemable beforematurity at the option of the authority, to be exercised by the board,at par value together with the premiums and under the terms andconditions that are fixed by the resolution authorizing the issuanceof the bonds. The principal and interest of the bonds may be madepayable in any lawful medium.
(c) The resolution must determine the form of the bonds,including the interest coupons to be attached, and must fix thedenomination or denominations of the bonds and the place or placesof payment of the principal and interest, which must be at a state ornational 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 negotiableinstruments under statute, and all bonds constitute legal investmentsfor any private trust funds, and the funds of any banks, trustcompanies, insurance companies, building and loan associations,credit unions, banks of discount and deposit, savings banks, loan andtrust safe deposit companies, rural loan and savings associations,guaranty loan and savings associations, mortgage guarantycompanies, small loan companies, industrial loan and investmentcompanies, and other financial institutions organized under statute.Provision may be made for the registration of the bonds in the nameof 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 theboard and the corporate seal of the authority shall be affixed andattested by the secretary of the board. The interest coupons attachedto the bonds shall be executed by placing the facsimile signature ofthe treasurer on them. The bonds shall be sold by the board at publicsale and for not less than the par value. Notice of sale shall bepublished in accordance with IC 5-3-1.
(b) The board shall award the bonds to the highest bidder asdetermined by computing the total interest on the bonds from thedate of issue to the dates of maturity and deducting the premium bid,if any, unless the board determines that no acceptable bid has beenreceived. In that case the sale may be continued from day to day, notto exceed thirty (30) days. A bid may not be accepted that is lowerthan the highest bid received at the time fixed for sale in the bondsale notice.
(c) Any premium received from the sale of the bonds shall be usedsolely for the payment of principal and interest on the bonds. Theboard 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 thischapter, after reimbursement and repayment to the city of allamounts advanced for preliminary expenses as provided in section9 of this chapter, shall be applied to the payment of the costs of siteacquisition and construction and equipment of the convention centerfor which the bonds are issued, including incidental expenses, andmay include interest during construction and for a period of one (1)year thereafter. A lien exists on all money, until so applied, in favorof 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 securedby a trust indenture between the authority and a corporate trustee,which may be any trust company or national or state bank withinIndiana having trust powers. The trust indenture may mortgage all orpart of the land, convention center, or both for which the bonds areissued. The trust indenture may contain the provisions for protectingand enforcing the rights and remedies of the bondholders that arereasonable and proper, including covenants setting forth the dutiesof the authority and board in relation to the construction of theconvention center, its insurance, and the custody, safeguarding, andapplication of all money received or to be received by the authoritydue to the convention center financed by the issuance of the bonds.The indenture may set forth the rights and remedies of thebondholders and trustee and provisions restricting the individualright of action of bondholders. Within the limits of this chapter, theboard may provide by resolution or in the trust indenture for thepayment 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 themethod of disbursement, with safeguards and restrictions that itdetermines.
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 anapproved lease contract under this chapter shall annually levy a taxsufficient to produce each year the necessary revenues that, withother available money, are sufficient to pay the lease rental providedto be paid in the lease from taxes.
(b) In fixing and determining the amount of the necessary levy topay lease rental payable from taxes, the legislative body may takeinto consideration amounts that have been transferred from the netrevenues of the convention center to a fund for payment of leaserental. This chapter does not relieve the city from the obligation topay from taxes any lease rental payable from taxes if other funds are
not available for that purpose. The tax levies are reviewable by otherbodies vested by statute with authority to ascertain that the levies aresufficient to raise the amount that, with other money available, willbe sufficient to meet the rental which under the lease contract ispayable from taxes. The annual lease rental shall be paidsemiannually to the authority or to the corporate trustee under anytrust 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 intereston them, the proceeds received by a holder from the sale ofbonds to the extent of the holder's cost of acquisition, proceedsreceived upon redemption prior to maturity, proceeds receivedat maturity, and the 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 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 ofconstruction manager; surety bonds of officers and employees
Sec. 25. (a) Unless provided otherwise, all funds coming intopossession of the authority shall be deposited, held, and secured orinvested in accordance with the general statutes relating to thehandling of public funds. The handling and expenditure of fundscoming into possession of the authority is subject to audit andsupervision by the state board of accounts. All contracts forconstruction and equipment of any building shall be let in accordancewith the general statutes relating to public contracts.
(b) The board may employ a construction manager in connectionwith the project in the same manner as other professional advisersare employed.
(c) Any officer or employee of the authority authorized to receive,disburse, or in any way handle funds or negotiable securities of theauthority shall execute a bond payable to the state, with surety toconsist of a surety or guaranty corporation qualified to do businessin Indiana, in an amount determined by the board. The bond shall beconditioned upon the faithful performance of his duties and theaccounting for all money and property that may come into his handsor under his control. The cost of the bonds shall be paid out of fundsof 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 ofits securities, payment of all of its debts, and termination of all of itsleases if the board files a report with the judge of the circuit courtshowing those facts and stating that liquidation would be in the bestpublic interest. If the court finds those facts to be true, it shall makean 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; lawapplicable; financing
Sec. 27. The city may construct an addition to the conventioncenter leased by it under this chapter. The construction of an additionis subject to all statutes generally applicable to the construction of anaddition to a city building owned by a city. In order to providemoney for such purposes, a city may issue its general obligationbonds or appropriate money from its general fund or from any otherfunds or money available that could be used for such purposes as ifthe 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 thischapter may enter into party wall agreements or other agreementsconcerning the attaching of an addition or additions to a conventioncenter. The agreement shall be recorded in the office of the recorderof the county in which the building is located. The agreement mayprovide for an easement or license to construct a part of an additionover 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 ordinancecreating a city board of nine (9) members to be known as the "CivicCenter 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 anagency of it.
(b) A person appointed to the board of managers must be at leasteighteen (18) years of age and a resident of the county in which thecity is located. Five (5) of the managers shall be appointed by thecity executive, and four (4) of the managers shall be appointed by thecity legislative body. The managers serve for terms of three (3) years.
(c) Notwithstanding subsection (b), initial terms of the managersappointed 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 themanagers 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 appointingauthority. Vacancies shall be filled by the appointing authority, andany person appointed to fill a vacancy serves for the remainder of thevacated term. The managers may not receive salaries, but shall bereimbursed for any expenses necessarily incurred in the performanceof their duties.
(f) The board of managers shall annually elect officers to serveduring the calendar year. The board of managers may adoptresolutions and bylaws governing its operations and procedure andmay hold meetings as often as necessary to transact business and toperform 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 thefollowing:
(1) Receive and collect money due to or otherwise related to theconvention center; employ an executive manager, an associatemanager, and other agents and employees that are considerednecessary for the fulfillment of its duties, and fix thecompensation of all employees. However, a contract ofemployment or other arrangement must be terminable at the willof the board of managers, except that a contract may be enteredinto with an executive manager for a period not exceeding four(4) years and subject to extension or renewal for similar orshorter 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 ordesirable for the operation of the convention center.
(3) Lease a part of the convention center from time to time toany association, corporation, or individual, with or without theright to sublet.
(4) Fix charges and establish rules governing the use andoperation of the convention center.
(5) Accept gifts or contributions from individuals, corporations,limited liability companies, partnerships, associations, trusts, orfoundations; accept funds, loans, or advances on the terms andconditions that the board of managers considers necessary ordesirable from the federal government, the state, or any of their
agencies or political subdivisions and, to the extent that surplusearnings may be made available for the purposes of this chapter,any available surplus earnings of the public utilities owned andoperated by the city.
(6) Receive and collect all money due to the use or leasing ofthe convention center or any part of it and from concessions orother contracts and expend those monies for proper purposes.
(7) Provide coverage for its employees under IC 22-3 andIC 22-4.
(8) Purchase public liability and other insurance that itconsiders necessary.
(9) Make and enter into all contracts and agreements necessaryor incidental to the performance of its duties and the executionof its powers under this chapter, including enforcement of them.
(10) Maintain and repair the convention center and employ abuilding superintendent and other employees that are necessaryto properly maintain the convention center.
(11) Prepare and publish descriptive materials and literaturerelating to the convention center and specifying the advantagesof the convention center; do all other acts and things that theboard of managers considers necessary to promote andpublicize the convention center and serve the commercial,industrial, and cultural interests of Indiana and all its citizens bythe use of the convention center; and assist and cooperate withthe state and other public, governmental, and private agenciesand groups of citizens for those purposes.
(12) Supervise, manage, operate, and maintain any other publicfacility owned or leased by the city or by an agency of it whenso directed by a resolution adopted by the city legislative bodyand approved by the city executive.
(13) Exercise other powers and perform other duties not inconflict with this chapter that are specified by ordinance of thecity legislative body.
(14) Perform all other acts necessarily incidental to its dutiesand 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 eachcalendar year governing the projected operating expenses, theestimated income, and reasonable reserves. It shall submit thatbudget for review, approval, or addition to the city legislative body.
(b) The board of managers may not make expenditures except asprovided in the approved budget, and all additional expenditures aresubject to approval by the city legislative body.
(c) Payments to the users of the convention center or a part of itthat constitute a contractual share of box office receipts are not
considered an operating expense or an expenditure within themeaning of this section, and the board of managers may make thosepayments without approval of the city executive or of the citylegislative 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 theboard of managers and is the official custodian of all funds and assetsof 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 ofmanagers.
(b) The assistant controller is the official custodian of all booksof account and other financial records of the board of managers andhas the other powers and duties that are delegated by the citycontroller and the lesser powers and duties that the board ofmanagers prescribes. The assistant controller, and any otheremployee or member of the board of managers authorized to receive,collect, or expend money, shall give bond for the faithfulperformance and discharge of all duties required of him in an amountand with surety and other conditions that are prescribed andapproved 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 ofmanagers; and
(2) all money received, invested, and disbursed;
in accordance with generally recognized governmental accountingprincipals and procedures. All accounting forms and records shall beprescribed or approved by the state board of accounts. The assistantcontroller shall issue all warrants for the payment of money from thefunds of the board of managers in accordance with proceduresprescribed by the board of managers, but a warrant may not be issuedfor the payment of any claim until an itemized and verified statementof the claim has been filed with the controller, who may requireevidence that all amounts claimed are justly due. All warrants shallbe countersigned by the city controller or by the executive manager.Payroll and similar warrants may be executed with facsimilesignatures.
(d) If the board of managers or the city has entered into anyagreement to lease convention center facilities from the civic centerbuilding authority, the controller or assistant controller shall pay thelease rental to the authority within a reasonable period before thedate on which principal or interest on any bonds outstanding issuedunder this chapter becomes due. The assistant controller shall submitto the board of managers at least annually a report of his accountsexhibiting the revenues, receipts, and disbursements and the sourcesfrom which the revenues and receipts were derived and the purposeand 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 expenditureof funds is subject to audit and supervision by the state board ofaccounts.
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 discloseany pecuniary interest, direct or indirect, in any employment,financing agreement, or other contract made under this chapterbefore any action is taken on it by the board of managers. Anymanager having a pecuniary interest may not vote on the matter. Realproperty acquired under this chapter in which a manager has apecuniary interest may be acquired by the board of managers only bygift or condemnation.
As added by Acts 1982, P.L.218, SEC.4.