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City of Evansville still violating state pre-emption...

ICBM

Member
Joined
Jun 14, 2014
Messages
76
Location
McCordsville, IN
You need to do an open records request for the original agreement. It's mentioned in the amendment.
So, the city has a third party archival system that requires a $30 payment to pull up the original agreement, which I don't really wanna do... Or I can drive there, and request a copy in person, which is more difficult. But we can extrapolate other information from the 2016 License.

"6. COMPENSATION TO THE LICENSOR: As part of the consideration for Licensor’s agreement to allow the Licensee to license and use the Arena as provided hereunder, and to furnish the goods and services provided for hereunder, Licensee shall pay to the Licensor for the services provided herein:

a. RENTAL PAYMENT: Licensee covenants and agrees to pay Licensor a rental for each game played during the regular hockey season, pre-season and the playoffs in the amount of One Thousand Dollars ($1,000.00); provided, however, that there shall be an additional charge of One Thousand Dollars ($1,000.00) for each game in which Licensee requests that the upper bowl be available for ticket sales. This does not include ice time rental for practice and training sessions or any reimbursable expense of the Licensor."​

So it say's that Venuworks will pay a rental of $1000 per game, per level used. Further down it also say this;

"12. CONTROL OF PREMISES: In renting said space to Licensee, Licensor does not relinquish the right to control the management thereof, and to enforce all necessary and proper rules for the management and operation of the same and the City of Evansville Redevelopment Commission, its deputies, and its Manager may enter the same, and all of the demised premises, at any time and on any occasion. "

That part seems to say that Venuworks does not have exclusive rights to the center, and in the end, the city retains the management rights.

Sounds oddly similar to renting a campground or hotel room. (I know, strange comparison.)
 
Last edited:

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,605
Location
Cincinnati, Ohio, USA
Send an email to the city for a copy of the contract.
https://iga.in.gov/static-documents/0/8/2/b/082bff0b/TITLE5_AR14_ch3.pdf

IC 5-14-3-8
Fees; copies
Sec. 8. (a) For the purposes of this section, "state agency" has the meaning set forth in IC 4-13-1-1.
(b) Except as provided in this section, a public agency may not charge any fee under this chapter:
(1) to inspect a public record; or
(2) to search for, examine, or review a record to determine whether the record may be disclosed.
(c) The Indiana department of administration shall establish a uniform copying fee for the copying of one (1) page of a standard-sized document by state agencies. The fee may not exceed the average cost of copying records by state agencies or ten cents ($0.10) per page, whichever is greater. A state agency may not collect more than the uniform copying fee for providing a copy of a public record. However, a state agency shall establish and collect a reasonable fee for copying nonstandard-sized documents.
(d) This subsection applies to a public agency that is not a state agency. The fiscal body (as defined in IC 36-1-2-6) of the public agency, or the governing body, if there is no fiscal body, shall establish a fee schedule for the certification or copying of documents. The fee for certification of documents may not exceed five dollars ($5) per document. The fee for copying documents may not exceed the greater of:
(1) ten cents ($0.10) per page for copies that are not color copies or twenty-five cents ($0.25) per page for color copies; or
(2) the actual cost to the agency of copying the document. As used in this subsection, "actual cost" means the cost of paper and the per-page cost for use of copying or facsimile equipment and does not include labor costs or overhead costs. A fee established under this subsection must be uniform throughout the public agency and uniform to all purchasers........
They should supply it by email in PDF format for free, I would think.
 
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