Section 5-1-17.5-37 - Issuance of bonds; terms and conditions; use of bond proceeds(a) Subject to subsection (f), the authority may issue bonds for the purpose of obtaining money to pay the cost of improving, constructing, reconstructing, renovating, acquiring, or equipping improvements within a qualified motorsports facility.(b) The terms and form of the bonds must be set out either in the resolution or in a form of trust indenture approved by the resolution.(c) The bonds must mature within twenty (20) years.(d) The authority shall sell the bonds at public or private sale upon the terms determined by the authority.(e) All money received from any bonds issued under this chapter shall be applied to the payment of the cost of improving, constructing, reconstructing, renovating, acquiring, or equipping improvements within a qualified motorsports facility, or payment of the cost of refunding or refinancing outstanding bonds for which the bonds are issued. The cost may include:(1) planning and development of the improvement and all buildings, facilities, structures, and improvements related to the improvement;(2) acquisition of a site and clearing and preparing the site for construction;(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the capital improvement suitable for use and operations;(4) architectural, engineering, consultant, and attorney's fees;(5) incidental expenses in connection with the issuance and sale of bonds;(6) reserves for principal and interest;(7) interest during construction;(8) financial advisory fees;(9) insurance during construction;(10) bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums (if any) for, and interest on the bonds being refunded or refinanced.(f) The authority may not issue bonds under this chapter unless:(1) the owner or owners of the qualified motorsports facility, the authority, and the commission have entered into a written agreement concerning the terms of the financing of the improvements financed under this chapter, including the obligation of the owner or owners of the qualified motorsports facility to make payments in an amount equal to at least two million dollars ($2,000,000) in each state fiscal year to the commission for deposit in the motorsports facility fund during the term of the agreement;(2) in connection with the issuance of such bonds, the authority has leased the equipment, structures, and capital improvements being financed with the proceeds of the bonds to the commission under a lease under section 32 of this chapter, and the commission has entered into a sublease of such equipment, structures, and capital improvements with the owner or owners of the qualified motorsports facility. Such a sublease must include the terms described in sections 34(c) and 36(c) of this chapter; and(3) as part of the written agreement concerning the terms of the financing of the improvements, the ultimate parent company of the qualified motorsports facility:(A) guarantees the full and timely performance of all of the duties, responsibilities, and obligations of the qualified motorsports facility and the owner or owners of the qualified motorsports facility; and(B) guarantees that if:(i) the aggregate amount credited to the owner or owners of the qualified motorsports facility under IC 4-10-23-12 from income tax incremental amounts, gross retail incremental amounts, and admissions fees deposited in the state general fund under IC 6-8-14 during the thirty (30) years after the date of the adoption of the resolution establishing the motorsports improvement district; plus(ii) the amounts deposited in the motorsports facility fund established under section 30.5 of this chapter; is less than the aggregate of the amount of money appropriated to the commission and used to pay rent by the commission to the authority under any lease entered into between the authority and the commission under this chapter and any expenses that are incurred by the authority or the commission under this chapter and are not paid out of such rent, then the ultimate parent company will pay the difference to the commission.
(g) Each bond issued under this chapter must contain on its face a statement that neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on the bond.(h) In connection with the issuance of each series of bonds under this section, the authority (or its successor agency) and the public finance director shall be responsible for selecting all investment bankers, bond counsel, trustees, and financial advisors.Amended by P.L. 190-2014, SEC. 9, eff. 5/15/2013.Added by P.L. 233-2013, SEC. 5, eff. 5/10/2013.