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Indiana Code Title 36. Local Government § 36-12-10-3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3. (a) A municipal corporation may enter into a lease under this chapter only with a nonprofit corporation organized under Indiana law for the sole purpose of:

(1) acquiring real property;

(2) building, improving, constructing, or renovating a suitable library building or buildings, including the necessary equipment and appurtenances;

(3) leasing the library facilities to the municipal corporation or corporations;  and

(4) collecting the rentals and applying the proceeds from the rentals in the manner provided in this chapter.

(b) The lessor corporation shall act entirely without profit to the corporation and the corporation's officers, directors, and members but is entitled to the return of capital actually invested, which includes:

(1) incorporation and organization expenses;

(2) financing costs;

(3) carrying charges;

(4) legal, contractors', and architects' fees;  and

(5) any other capital cost.

The lessor corporation is also entitled to sums sufficient to pay interest on outstanding securities or loans, and the cost of maintaining the corporation's existence and keeping the corporation's property free of encumbrance.

(c) Upon receipt of any amount of lease rental by the lessor corporation above the amount necessary to meet incidental corporate expenses and to pay interest on corporate securities or loans, the excess funds shall be applied to the redemption and cancellation of the corporation's outstanding securities or loans as soon as this may be done.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-12-10-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-12-10-3/

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