Terms Used In Indiana Code > Title 36 > Article 10 - Recreation, Culture, and Community Facilities

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• art association: means a nonprofit corporation organized under Indiana law to:

  Indiana Code 36-10-13-1

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• authority: refers to the county convention and recreational facilities authority created by this chapter. See Indiana Code 36-10-9.1-2
• Authority: refers to a civic center building authority created under this chapter. See Indiana Code 36-10-10-2
• Authority: refers to a building authority created under this chapter. See Indiana Code 36-10-11-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Board: refers to a park and recreation board. See Indiana Code 36-10-3-2
• Board: refers to a board of park commissioners, or board of parks and recreation of a consolidated city. See Indiana Code 36-10-4-2
• Board: refers to a capital improvement board of managers subject to or created under this chapter. See Indiana Code 36-10-8-2
• Board: refers to a capital improvement board of managers created under this chapter. See Indiana Code 36-10-9-2
• board: refers to the board of directors of the authority. See Indiana Code 36-10-9.1-3
• Board: refers to the board of directors of the authority. See Indiana Code 36-10-10-2
• board: refers to a board of school trustees in a third class city. See Indiana Code 36-10-14-2
• board of school trustees: means the school board of an incorporated town. See Indiana Code 36-10-12-1
• Bonds: means bonds issued under section 12 or section 15 of this chapter and, except as used in section 12 of this chapter or unless the context otherwise requires, lease agreements entered into under section 6(15) of this chapter. See Indiana Code 36-10-9-2
• bonds: means bonds, notes, or other evidence of indebtedness. See Indiana Code 36-10-9.1-4
• Building: means a structure or a part of a structure used for a civic center or a facility that is owned by the city and used by a professional sports franchise, including the site, landscaping, parking, heating facilities, sewage disposal facilities, and other related appurtenances and supplies necessary to make the building suitable for use and occupancy. See Indiana Code 36-10-11-2
• capital improvement board: refers to the capital improvement board of managers created by IC 36-10-9. See Indiana Code 36-10-9.1-5
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• cultural institution: means a historical society, an art association, or other nonprofit corporation organized under Indiana law to further the cultural development of the public. See Indiana Code 36-10-13-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: refers to a department of parks and recreation. See Indiana Code 36-10-3-2
• Department: refers to a department of public parks, or department of parks and recreation of a consolidated city. See Indiana Code 36-10-4-2
• department: refers to a department of parks and recreation created under section 5 of this chapter. See Indiana Code 36-10-7.5-2
• Devise: To gift property by will.
• District: means the area within the jurisdiction of a department. See Indiana Code 36-10-3-2
• District: means the area within the jurisdiction of a department. See Indiana Code 36-10-4-2
• district: refers to a special taxing district created under this chapter. See Indiana Code 36-10-7.5-3
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Excise taxes: refers to the excise taxes imposed by IC 6-9-8, IC 6-9-12, and IC 6-9-13. See Indiana Code 36-10-9-2
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental entity: means a state agency, state university, or political subdivision. See Indiana Code 36-10-11-2
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• historical society: means a nonprofit corporation organized under Indiana law to:

  Indiana Code 36-10-13-3

• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• incorporated town: means an incorporated town located in a county containing a consolidated city. See Indiana Code 36-10-12-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• issuance: means in the case of lease agreements "execute" "executed" or "execution" respectively. See Indiana Code 36-10-9-2
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lease agreements: means lease agreements entered into under section 6(15) of this chapter. See Indiana Code 36-10-9-2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
• Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Net income: means the gross income after deducting:

  Indiana Code 36-10-8-2

• Net income: means the gross income from the operation of a capital improvement after deducting the necessary operating expenses of the board. See Indiana Code 36-10-9-2
• Notes: means notes issued under section 21 of this chapter. See Indiana Code 36-10-9-2
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operating expenses: means :

  Indiana Code 36-10-9-2

• park and recreation board: refers to a township park and recreation board established under section 5. See Indiana Code 36-10-7.5-1.5
• park governor: means the following:

  Indiana Code 36-10-7.5-3.5

• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Quorum: The number of legislators that must be present to do business.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Statute: A law passed by a legislature.
• superintendent: refers to a superintendent of parks and recreation appointed under this chapter. See Indiana Code 36-10-7.5-4
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Venue: The geographical location in which a case is tried.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5