§ 36-12-10-2 — Power to lease library buildings; conditions; joint lease contracts

(a) A municipal corporation may lease a
building or buildings to use as a library under the following conditions:
(1) A lease may not be entered into for a period of more than forty
(40) years.
(2) Before a lease is entered into, there must first be filed with the
governing authority of the municipal corporation a petition signed
by fifty (50) or more resident taxpayers of the municipal
corporation.
(3) After investigation, the governing authority must determine
that a need exists for the library building or buildings.
(4) The governing authority must determine that the municipal
corporation cannot provide the necessary funds to pay the cost or
the municipal corporation's proportionate share of the cost of the
library building or buildings required to meet the present needs.
(b) If two (2) or more municipal corporations propose to enter into
a lease jointly, joint meetings of the governing authority of the
corporations may be held. Action taken is binding on a municipal
corporation only if the action is approved by the municipal
corporation's governing authority. A lease executed by two (2) or more
municipal corporations as joint lessees must set out the amount of the
total lease rental agreed upon to be paid by each. A lessee is entitled to
occupancy only if the total rental is paid as stipulated in the lease. All
rights of joint lessees under the lease must be proportionate to the
amount of lease rental paid by each.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-14-10-2.]

Legislative History

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.49.