CHAPTER 11.5. HISTORIC HOTEL PRESERVATION
IC 36-7-11.5
Chapter 11.5. Historic Hotel Preservation
IC 36-7-11.5-1
Definitions
Sec. 1. (a) As used in this chapter, "advisory board" refers to theOrange County development advisory board established by section12 of this chapter.
(b) As used in this chapter, "development commission" refers tothe Orange County development commission established by section3.5 of this chapter.
(c) As used in this chapter, "historic hotel" has the meaning setforth in IC 4-33-2-11.1.
(d) As used in this chapter, "hotel riverboat resort" refers to thehistoric hotels, the riverboat operated under IC 4-33-6.5, and otherproperties operated in conjunction with the riverboat enterpriselocated in Orange County.
(e) As used in this chapter, "qualified historic hotel" refers to ahistoric hotel that has an atrium that includes a dome that is at leasttwo hundred (200) feet in diameter.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007,SEC.282.
IC 36-7-11.5-2
Application; interlocal agreement
Sec. 2. (a) This chapter applies to a town that satisfies either ofthe following criteria:
(1) The town contains a qualified historic hotel.
(2) The town contains a historic hotel and is adjacent to anothertown containing a qualified historic hotel.
(b) The towns described in subsection (a) may enter into aninterlocal agreement under IC 36-1-7 to establish a historic hoteldistrict under this chapter. The historic hotel district:
(1) may not include any area outside the county of the townsthat enter into the interlocal agreement; and
(2) consists solely of the real property that is:
(A) owned by the historic hotels; and
(B) part of the tract of land (as defined in IC 6-1.1-1-22.5)that includes the parcel or parcels of land upon which thehistoric hotel building is located.
As added by P.L.92-2003, SEC.62.
IC 36-7-11.5-3
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-3.5
Orange County development commission
Sec. 3.5. (a) The Orange County development commission isestablished. (b) The development commission consists of the followingmembers:
(1) An individual appointed by the legislative body of OrangeCounty.
(2) An individual appointed by the legislative body of the townof French Lick.
(3) An individual appointed by the legislative body of the townof West Baden.
(4) An individual appointed by the legislative body of the townof Paoli.
(5) An individual appointed by the legislative body of the townof Orleans.
(6) A nonvoting member appointed by the governor.
(c) The members of the development commission shall each servefor a term of three (3) years. A vacancy shall be filled for theduration of the term by the original appointing authority.
(d) Each member of the development commission must, beforebeginning the discharge of the duties of the member's office, do thefollowing:
(1) Take an oath that the member will faithfully execute theduties of the member's office according to Indiana law and rulesadopted under Indiana law.
(2) Provide a bond to the state:
(A) for twenty-five thousand dollars ($25,000); and
(B) that is, after being executed and approved, recorded inthe office of the secretary of state.
(e) A member of the development commission is not entitled to asalary per diem. However, a member is entitled to reimbursement fortravel expenses incurred in connection with the member's duties, asprovided in the state travel policies and procedures established by thedepartment of administration and approved by the budget agency.
(f) An individual who is an employee of a county or towndescribed in subsection (b) may not be appointed to the developmentcommission until at least three (3) years after the date the individual'semployment with the county or town is terminated.
(g) An individual who is a member of any other board serving acounty or town described in subsection (b) may not be appointed tothe development commission until at least three (3) years after thedate the individual's membership on the board expires.
(h) An individual who is:
(1) employed by the hotel riverboat resort or an affiliatedbusiness;
(2) contracted or hired to perform a service for the hotelriverboat resort or an affiliated business; or
(3) engaged in any other form of a business relationship withthe hotel riverboat resort or an affiliated business;
may not be appointed to the development commission until at leastthree (3) years after the date on which the individual's employmentor business relationship with the hotel riverboat resort or an affiliatedbusiness is terminated.As added by P.L.234-2007, SEC.283.
IC 36-7-11.5-4
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-5
Rules; required meetings
Sec. 5. (a) The development commission shall elect from itsmembership a chairperson and vice chairperson, who shall serve forone (1) year and may be reelected.
(b) The development commission shall adopt rules consistent withthis chapter for the transaction of its business. The rules must includethe time and place of regular meetings and a procedure for the callingof special meetings. Three (3) voting members constitute a quorumof the development commission. No action may be taken by thedevelopment commission unless a majority of the voting membersappointed to the development commission vote in favor of taking theaction.
(c) All meetings of the development commission must be open tothe public, and a public record of the development commission'sresolutions, proceedings, and actions must be kept.
(d) The development commission shall employ an administratorwho shall act as the commission's secretary.
(e) The development commission shall hold regular meetings, atleast monthly, except when it has no business pending.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007,SEC.284.
IC 36-7-11.5-6
Funds
Sec. 6. (a) Money acquired by the development commission issubject to the laws concerning the deposit and safekeeping of publicmoney.
(b) The money of the development commission and the accountsof each officer, employee, or other person entrusted by law with theraising, disposition, or expenditure of the money or part of the moneyare subject to examination by the state board of accounts.
As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007,SEC.285.
IC 36-7-11.5-7
Powers and responsibilities
Sec. 7. (a) The development commission shall do the following:
(1) Employ an administrator and other professional staffnecessary to assist the development commission in carrying outits duties.
(2) Facilitate and coordinate the development of OrangeCounty.
(3) Serve as a liaison between the riverboat located in a historic
hotel district and the political subdivisions located in OrangeCounty.
(4) Facilitate and coordinate the appropriate development of thehistorical environment of the towns of French Lick and WestBaden.
(5) Establish a grant program to provide financial support tocommunity organizations in Orange County.
(b) The development commission may do the following:
(1) Engage consultants, attorneys, accountants, and otherprofessionals necessary to carry out the developmentcommission's duties.
(2) Award grants and low interest loans to promote economicdevelopment through tourism in Orange County.
(c) The development commission shall:
(1) promote economic development through tourism;
(2) attract new business;
(3) improve housing; and
(4) engage in any other activity that promotes the developmentof Orange County.
As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004,SEC.127; P.L.234-2007, SEC.286.
IC 36-7-11.5-8
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-9
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-10
Repealed
(Repealed by P.L.234-2007, SEC.290.)
IC 36-7-11.5-11
West Baden Springs historic hotel preservation and maintenancefund
Sec. 11. (a) As used in this section, "fund" refers to the WestBaden Springs historic hotel preservation and maintenance fundestablished by subsection (b).
(b) The West Baden Springs historic hotel preservation andmaintenance fund is established. The fund consists of the following:
(1) Amounts deposited in the fund under IC 4-33-6.5-6,IC 4-33-12-6(c), and IC 4-33-13-5(b).
(2) Grants and gifts that the department of natural resourcesreceives for the fund under terms, obligations, and liabilitiesthat the department considers appropriate.
(3) The one million dollar ($1,000,000) initial fee paid to thegaming commission under IC 4-33-6.5.
(4) Any amount transferred to the fund upon the repeal of
IC 36-7-11.5-8 (the community trust fund).
The fund shall be administered by the department of naturalresources. The expenses of administering the fund shall be paid frommoney in the fund.
(c) The treasurer of state shall invest the money in the fund thatis not currently needed to meet the obligations of the fund in thesame manner as other public funds may be invested. The treasurer ofstate shall deposit in the fund the interest that accrues from theinvestment of the fund.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(e) The interest accruing to the fund is annually appropriated tothe department of natural resources only for the following purposes:
(1) To reimburse claims made for expenditures to maintain aqualified historic hotel, as determined by the owner of the hotelriverboat resort.
(2) To reimburse claims made for expenditures to maintain:
(A) the grounds surrounding a qualified historic hotel;
(B) supporting buildings and structures related to a qualifiedhistoric hotel; and
(C) other facilities used by the guests of the qualifiedhistoric hotel;
as determined by the owner of the hotel riverboat resort.
(f) The department of natural resources shall promptly pay eachclaim for a purpose described in subsection (e) to the extent of thebalance of interest available in the fund. If insufficient money isavailable to fully pay all of the submitted claims, the department ofnatural resources shall pay the claims in the order in which they arereceived until each claim is fully paid.
(g) Notwithstanding IC 4-9.1-1-7, IC 4-12-1-12, IC 4-13-2-18, orany other law, interest accruing to the fund may not be withheld,transferred, assigned, or reassigned to a purpose other than thereimbursement of claims under subsection (f).
As added by P.L.92-2003, SEC.62. Amended by P.L.97-2004,SEC.128; P.L.234-2007, SEC.287; P.L.96-2010, SEC.5.
IC 36-7-11.5-12
Orange County development advisory board
Sec. 12. (a) The Orange County development advisory board isestablished for the purpose of advising the development commissionestablished under section 3.5 of this chapter.
(b) The advisory board consists of five (5) members appointed asfollows:
(1) One (1) individual appointed by the speaker of the house ofrepresentatives.
(2) One (1) individual appointed by the president pro temporeof the senate.
(3) One (1) individual appointed by the Orange Countyconvention and visitors bureau.
(4) Two (2) individuals appointed by the chief operating officer
of the hotel riverboat resort.
(c) Except as provided in subsection (d), the members of theadvisory board shall each serve for a term of four (4) years. Avacancy shall be filled for the duration of the term by the originalappointing authority.
(d) The member appointed under subsection (b)(3) shall serve aninitial term of one (1) year. As determined by the appointingauthority, the two (2) members appointed under subsection (b)(4)shall serve initial terms of two (2) and three (3) years respectively.
(e) A member of the advisory board is not entitled to a salary perdiem. However, a member is entitled to reimbursement for travelexpenses incurred in connection with the member's duties, asprovided in the state travel policies and procedures established by thedepartment of administration and approved by the budget agency.
As added by P.L.234-2007, SEC.288.
IC 36-7-11.5-13
Low interest loans
Sec. 13. (a) An individual may apply for a grant or low interestloan on a form prescribed by the development commission.
(b) A form prescribed by the development commission must bedesigned to be read and easily understood by the ordinary individual.
As added by P.L.234-2007, SEC.289.