Sec. 13. (a) Before a lease may be entered into, both the capital improvement board and the executive of the county must find that the lease rental provided for is fair and reasonable.
(b) A lease of capital improvements from the authority to the capital improvement board:
(1) may not have a term exceeding forty (40) years;
(2) may not require payment of lease rental for a newly constructed capital improvement or for improvements to an existing capital improvement until the capital improvement or improvements thereto have been completed and are ready for occupancy;
(3) may contain provisions:
(A) allowing the capital improvement board to continue to operate an existing capital improvement until completion of the improvements, reconstruction, or renovation; and
(B) requiring payment of lease rentals for an existing capital improvement being used, reconstructed, or renovated;
(4) may contain an option to renew the lease for the same or shorter term on the conditions provided in the lease;
(5) must contain an option for the capital improvement board to purchase the capital improvement upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the capital improvement, including indebtedness incurred for the refunding of that indebtedness;
(6) may be entered into before acquisition or construction of a capital improvement;
(7) must be approved by the executive of the county;
(8) may provide that the capital improvement board shall agree to:
(A) pay all taxes and assessments thereon;
(B) maintain insurance thereon for the benefit of the authority; and
(C) assume responsibility for utilities, repairs, alterations, and any costs of operation; and
(9) subject to IC 36-10-9-11, may provide that the lease rental payments by the capital improvement board shall be made from any one (1) or more of the following sources:
(A) Proceeds of one (1) or more of the excise taxes as defined in IC 36-10-9.
(B) Net revenues of the capital improvement.
(C) Any other funds available to the capital improvement board.
As added by P.L.82-1985, SEC.12.
Structure Indiana Code
Article 10. Recreation, Culture, and Community Facilities
Chapter 9.1. Marion County Convention and Recreational Facilities Authority
36-10-9.1-1. Application of Chapter
36-10-9.1-2. "Authority" Defined
36-10-9.1-5. "Capital Improvement Board" Defined
36-10-9.1-6. Creation of Authority
36-10-9.1-7. Board of Directors; Members
36-10-9.1-8. Organizational Meeting; Officers; Special Meetings; Quorum
36-10-9.1-11.5. Prohibition on Certain Contract Limitations for a Project
36-10-9.1-12. Refunding of Bonds
36-10-9.1-13. Lease of Capital Improvements to Capital Improvement Board; Terms
36-10-9.1-14. Leases; Exclusivity of Provisions of This Chapter
36-10-9.1-15. Approval of Plans and Specifications
36-10-9.1-16. Common Wall Agreements
36-10-9.1-17. Lease or Sale of Property by Capital Improvement Board to the Authority
36-10-9.1-18.1. Bonds; Issuance by Authority
36-10-9.1-18.2. Bonds; Exclusivity of This Chapter
36-10-9.1-19. Investment in Bonds of Authority
36-10-9.1-20. Trust Indenture as Security for Bonds
36-10-9.1-21. Bonds; Issuance by Capital Improvement Board
36-10-9.1-23. Actions Contesting Validity of Bonds; Limitations