Ind. Code ch. 36-10-10

Ind. Code ch. 36-10-10
in effect

Ind. Code § 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) and 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; P.L.119-2012, SEC.241; P.L.104-2022, SEC.222.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 the director's 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 the person of notice of the person's appointment, the executive shall appoint another person. Each director, before entering upon the director's duties, shall take and subscribe an oath of office to be endorsed upon the director's 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; P.L.127-2017, SEC.389.

Ind. Code § 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, superior court, or probate 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. Amended by P.L.84-2016, SEC.197.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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. As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002, SEC.522; P.L.197-2016, SEC.153.

Ind. Code § 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.

Ind. Code § 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 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. The department of local government finance may either hold the hearing in the affected county or through electronic means. 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; P.L.38-2021, SEC.107.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 Indiana 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; P.L.56-2023, SEC.340.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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: (1) at a public sale for not less than the par value; or (2) alternatively, at a negotiated sale. Notice of sale shall be published in accordance with IC 5-3-1. (b) If the bonds are sold at a public sale, 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. Amended by P.L.125-2018, SEC.12; P.L.38-2021, SEC.108; P.L.236-2023, SEC.215; P.L.230-2025, SEC.151.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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. 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; P.L.79-2017, SEC.88.

Ind. Code § 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 the officer's or employee's duties and the accounting for all money and property that may come into the officer's or employee's hands or under the officer's or employee's 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. Amended by P.L.127-2017, SEC.390.

Ind. Code § 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, superior court, or probate 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. Amended by P.L.84-2016, SEC.198.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 the assistant controller, employee, or board member 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 the assistant controller's 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. Amended by P.L.127-2017, SEC.391.

Ind. Code § 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026

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