Section 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.
Amended by P.L. 42-2018,SEC. 49, eff. 7/1/2018.As added by P.L. 1-2005, SEC.49.