Indiana Code 36-12-10-3. Authorized purposes of leases; limitations on profit; disposition of excess funds
(1) acquiring real property;
Terms Used In Indiana Code 36-12-10-3
- 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.
- 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
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-3.]
As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.50.