Title 36, LOCAL GOVERNMENT

Sec. 18.1. (a) The authority may issue bonds for the purpose of obtaining money to pay the cost of: (1) acquiring property; (2) constructing, improving, reconstructing, or renovating one (1) or more capital improvements; or (3) funding or refunding bonds issued under IC 36-10-9 o…

Sec. 18.2. This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any pol…

Sec. 18.3. (a) The following do not affect the validity of any bonds issued under this chapter before February 21, 1986: (1) The repeal of section 18 of this chapter by P.L.19-1986, SECTION 62. (2) The enactment of section 18.1 of this chapter by P.L.19-1986, SECTION 63. (3) The …

Sec. 19. Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit compan…

Sec. 2. As used in this chapter, "authority" refers to the county convention and recreational facilities authority created by this chapter. As added by P.L.82-1985, SEC.12.

Sec. 20. (a) The authority may secure bonds issued under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers. (b) The trust indenture may: (1) pledge or assi…

Sec. 21. If the capital improvement board exercises its option to purchase leased property, it may issue its bonds as authorized by statute. As added by P.L.82-1985, SEC.12.

Sec. 22. All: (1) property owned by the authority; (2) revenues of the authority; and (3) bonds issued by the authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon r…

Sec. 23. Any action to contest the validity of bonds to be issued under this chapter may not be brought after the fifteenth day following: (1) the receipt of bids for the bonds, if the bonds are sold at public sale; or (2) the publication one (1) time in a newspaper of general ci…

Sec. 3. As used in this chapter, "board" refers to the board of directors of the authority. As added by P.L.82-1985, SEC.12.

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness. As added by P.L.82-1985, SEC.12.

Sec. 5. As used in this chapter, "capital improvement board" refers to the capital improvement board of managers created by IC 36-10-9. As added by P.L.82-1985, SEC.12.

Sec. 6. A ________ County Convention and Recreational Facilities Authority (the blank to be filled in with the name of the county) is created in the county as a separate body corporate and politic as an instrumentality of the county to finance facilities for lease to the capital …

Sec. 7. (a) The board is composed of three (3) members, who must be residents of the county appointed by the executive of the county. (b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms. (c) If a vacancy occurs on the board, th…

Sec. 8. (a) Immediately after January 15 of each year, the board shall hold an organizational meeting. It shall elect one (1) of the members president, another vice president, and another secretary-treasurer to perform the duties of those offices. These officers serve from the da…

Sec. 9. The board may adopt such bylaws and rules as it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care. As added by P.L.82-1985, SEC.12.

Sec. 1. This chapter applies to each county having a consolidated city. As added by P.L.37-1988, SEC.42.

Sec. 2. The city-county legislative body may issue bonds or notes to fund all or any part of a facility to promote sports and fitness within the corporate boundaries of the consolidated city, or to pay any costs associated with such a facility, including reimbursement of any cost…

Sec. 3. Funding of such a facility or payment of costs or reimbursement for such a facility constitutes a public purpose by creating or maintaining jobs and employment and by providing for the health and welfare of residents of the consolidated city. As added by P.L.37-1988, SEC.…

Sec. 4. Debt service on bonds or notes issued under this chapter may be paid from any funds available to pay the debt service, as determined by the city-county legislative body as set forth in IC 5-1-14-4. As added by P.L.37-1988, SEC.42.

Sec. 5. If the proceeds of bonds or notes are used to reimburse any entity under section 2 of this chapter, the consolidated city shall, acting through a board or commission designated for that purpose, contract or make arrangements for the use of the facility to serve the public…

Sec. 1. This chapter applies only to contracts awarded by local boards of aviation commissioners operating under IC 8-22-2 and local airport authorities operating under IC 8-22-3. This chapter applies only to contracts for the following: (1) The construction or maintenance of bui…

Sec. 10. As used in this chapter, "contractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work. As added by P.L.85-1991, SEC.3. Amend…

Sec. 11. As used in this chapter, "entity" means the following: (1) A local board of aviation commissioners operating under IC 8-22-2. (2) A local airport authority operating under IC 8-22-3. As added by P.L.85-1991, SEC.3.

Sec. 12. As used in this chapter, "payment bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the payment of all legal debts related to the construction of the project. As added by P.L.85-1991, SEC.3.

Sec. 13. As used in this chapter, "performance bond" means an approved form of security, furnished and executed by the bidder and the bidder's surety, that guarantees the complete execution of the contract and all supplemental agreements. As added by P.L.85-1991, SEC.3.

Sec. 14. As used in this chapter, "prequalification administrator" means the administrative officer of an entity who is responsible for the administration of the qualification of contractors under this chapter. As added by P.L.85-1991, SEC.3.

Sec. 15. As used in this chapter, "proposal" means an offer of a bidder, on a prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. As added by P.L.85-1991, SEC.3.

Sec. 16. As used in this chapter, "subcontractor" means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract. As added by P.L.85-1991, SEC.3. Amended by P.L.8-1993, SEC.515.

Sec. 17. As used in this chapter, "surety" means a corporate body bound with and for the contractor for the following: (1) The full and complete performance of the contract. (2) The payment of all debts related to the work. As added by P.L.85-1991, SEC.3.

Sec. 18. As used in this chapter, "unearned work" means the total dollar value of work contracted for but not performed. As added by P.L.85-1991, SEC.3.

Sec. 19. (a) An entity may require a bidder on a contract described in section 1 of this chapter to be qualified under this chapter. If an entity determines that bidders on a contract must be qualified under this chapter, the entity shall provide notice of the qualification requi…

Sec. 2. As used in this chapter, "advertisement" means the public announcement inviting bids for work to be performed or materials to be furnished. As added by P.L.85-1991, SEC.3.

Sec. 20. A contractor desiring to offer bids for the performance of contracts for which an entity requires prequalification must file a statement of experience and financial condition using a form prescribed by the state board of accounts. The statement must include a complete re…

Sec. 21. The submission of a statement under section 20 of this chapter by an applicant authorizes the entity to obtain all information that the entity considers relevant to the applicant's financial worth, assets and liabilities, organization, personnel, work experience, prosecu…

Sec. 22. (a) An entity may at any time during which a certificate of qualification is in effect demand a new statement. If a contractor does not provide a new statement not later than sixty (60) days after the request is made, the entity may void the contractor's certificate of q…

Sec. 23. (a) Except as provided in subsection (b), an entity shall consider statements in the order in which the statements are received by the entity. (b) A statement provided by a new applicant who desires to bid on an advertised project must be received not later than forty-fi…

Sec. 24. An applicant may not be given a certificate of qualification unless the review of the applicant's statement shows that the applicant possesses the net current assets determined by the entity to be sufficient to execute the contract and meet all obligations of the contrac…

Sec. 25. (a) An applicant must possess the qualifications required under this chapter and the entity must determine that the applicant is a competent and responsible bidder before the entity may issue the applicant a certificate of qualification. (b) In making a determination und…

Sec. 26. An entity's prequalification administrator shall make a recommendation to the entity regarding the action that should be taken on an application. An entity may in the exercise of the entity's sole discretion accept or reject the recommendation of a prequalification admin…

Sec. 27. (a) An entity shall send an applicant written notice of the entity's decision regarding the application. (b) A certificate of qualification becomes effective on the date determined by the entity. As added by P.L.85-1991, SEC.3.

Sec. 28. (a) For the purpose of determining competency and responsibility the prequalification administrator may send evaluation forms to either of the following: (1) Persons with whom the contractor has had business relationships. (2) Persons who have used the services of the co…

Sec. 29. A certificate of qualification may not be valid for more than sixteen (16) months. The expiration date of a certificate of qualification may not be more than eighteen (18) months after the date of the statement upon which the certificate is based. The certificate period …

Sec. 3. As used in this chapter, "applicant" means a contractor or the subcontractor who seeks to do business with an entity. As added by P.L.85-1991, SEC.3.

Sec. 30. An entity shall notify an applicant if a certificate of qualification is not issued to the applicant. As added by P.L.85-1991, SEC.3.

Sec. 31. If at any time during the valid period of a certificate of qualification the latest statement of a contractor on record with an entity ceases to represent fairly and substantially the financial position or the equipment of the contractor, the contractor shall do the foll…