§ 6-9-20-8.9 — Arena fund; deposits; use of fund for arena financing

Indiana § 6-9-20-8.9

• Jurisdiction: Indiana
• Art. 9: INNKEEPER'S TAXES; OTHER LOCAL TAXES
• Ch. 20: Vanderburgh County Food and Beverage Tax

Text

9. (a) If the tax imposed under section 3 of this
chapter is continued to finance the acquisition, construction, and
equipping of an arena and other facilities that serve or support the
arena activities, the most populated municipality in the county may
issue bonds, enter into leases, or incur other obligations to:
(1) pay any costs associated with the financing, acquisition,
construction, and equipping of the arena and other facilities that
serve or support the arena activities; or
(2) refund bonds issued or other obligations incurred under this
chapter so long as any bonds issued or other obligations incurred
to refund bonds or retire other obligations do not extend the date
when the previous bonds or other obligations will be completely
paid as to principal and interest.
(b) Bonds issued or other obligations incurred under this section:
(1) are payable from money provided in this chapter, any other
revenues available to the municipality, or any combination of
these sources;
(2) must be issued in the manner prescribed by IC 36-4-6-19
through IC 36-4-6-20;
(3) may not have a term ending more than thirty (30) years after
the first February 1 following the date on which construction of
the arena and other facilities that serve or support the arena
activities is estimated to be completed;
(4) may be payable at any regular designated intervals and may be
paid in unequal amounts if the municipality reasonably expects to
pay the debt service from funds other than property taxes that are
exempt from the levy limitations of IC 6-1.1-18.5 (even if the
municipality has pledged to levy property taxes to pay the debt
service if those other funds are insufficient); and
(5) may, in the discretion of the municipality, be sold at a
negotiated sale at a price to be determined by the municipality or
in accordance with IC 5-1-11 and IC 5-3-1.
(c) Leases entered into under this section:
(1) may be for a term ending not later than thirty (30) years after
the first February 1 following the date on which construction of
the arena and other facilities that serve or support the arena
activities is estimated to be completed;
(2) may be payable at any regular designated intervals and may be
paid in unequal amounts if the municipality reasonably expects to
pay the lease rentals from funds other than property taxes that are
exempt from the levy limitations of IC 6-1.1-18.5 (even if the
municipality has pledged to levy property taxes to pay the lease
rentals if those other funds are insufficient);
(3) may provide for payments from revenues under this chapter,
any other revenues available to the municipality, or any
combination of these sources;
(4) may provide that payments by the municipality to the lessor
are required only to the extent and only for the time that the lessor
is able to provide the leased facilities in accordance with the
lease;
(5) must be based upon the value of the facilities leased; and
(6) may not create a debt of the municipality for purposes of the
Constitution of the State of Indiana.
(d) A lease may be entered into by the municipal executive after a
public hearing of the municipal fiscal body at which all interested
parties are provided the opportunity to be heard. After the public
hearing, the municipal executive may approve the execution of the
lease on behalf of the municipality only if:
(1) the municipal executive finds that the service to be provided
throughout the life of the lease will serve the public purpose of
the municipality and is in the best interests of its residents; and
(2) the lease is approved by an ordinance of the municipal fiscal
body.
(e) An action to contest the validity of bonds issued or leases
entered into under this section must be brought not later than thirty (30)
days after the adoption of a bond ordinance or the municipal
executive's action approving the execution of the lease.
(f) Notwithstanding the provisions of this chapter or any other law,
instead of issuing bonds, entering into leases, or incurring obligations
in whole or in part under this chapter, the most populated municipality
in the county may cause bonds to be issued, leases to be entered into,
or obligations to be incurred under this subsection to finance the
acquisition, construction, and equipping of an arena and other facilities
that serve or support the arena. The bonds, leases, or obligations:
(1) must be issued, entered into, or incurred by any special taxing
district, agency, department, or instrumentality of or in the
municipality, under any other law by which bonds may be issued,
leases may be entered into, or obligations incurred;
(2) must be payable from money provided under this chapter,
from any other revenues available to the municipality or any
special taxing district, agency, department, or instrumentality of
or in the municipality, or any combination of these sources;
(3) must have a term ending not later than thirty (30) years after
the first February 1 following the date on which construction of
the arena and other facilities that serve or support the arena
activities is estimated to be completed; and
(4) may be payable at any regular designated intervals and may be
paid in unequal amounts if the municipality, special taxing
district, agency, department, or instrumentality of or in the
municipality reasonably expects to pay the debt service or lease
rentals from funds other than property taxes that are exempt from
the levy limitations of IC 6-1.1-18.5 (even if the municipality or
any special taxing district, agency, department, or instrumentality
of or in the municipality has pledged to levy property taxes to pay
the debt service or lease rentals if those other funds are
insufficient).

Legislative History

As added by P.L.176-2009, SEC.12.