2006 Indiana Code - CHAPTER 11. AUTHORITY AND PROCEDURE TO LEASE TO A PUBLIC HOLDING COMPANY
IC 21-5-11Chapter 11. Authority and Procedure to Lease to a Public Holding Company
IC 21-5-11-1
Authority to lease; limitations; "school building"; joint leases
Sec. 1. (a) Any school corporation shall have the power to lease
a school building or buildings for the use of such school corporation
or of any joint or consolidated school district of which it is a part or
to which it contributes. However, no such contract of lease shall be
entered into for a period of more than thirty (30) years, nor unless
there shall first be filed with the body or bodies vested with control
of the school corporation a petition therefor signed by fifty (50) or
more patrons of such school corporation, and the board of school
trustees, township board, or the body or bodies vested with such
control shall have, after investigation, determined that a need exists
for such school building and that such school corporation cannot
provide the necessary funds to pay the cost or its proportionate share
of the cost of the school building or buildings required to meet the
present needs.
(b) The term "school building", as used in this chapter, shall be
construed to mean any building used as a part of or in connection
with the operation of schools and shall include the site therefor, the
equipment thereof, and appurtenances thereto such as heating
facilities, water supply, sewage disposal, landscaping, walks, drives,
and playgrounds, except that no building shall be constructed under
this chapter which is designed for and to be used exclusively for
inter-school athletic contests.
(c) If two (2) or more school corporations propose to enter into
such a lease contract jointly, then joint meetings of the boards of
school trustees, township boards, or other body or bodies having
control may be held, but no action taken shall be binding on any such
school corporation unless approved by a majority of the body
representing such corporation. Any lease contract executed by two
(2) or more school corporations as joint lessees shall set out the
amount of the aggregate lease rental to be paid by each, which may
be as agreed upon, but there shall be no right of occupancy by any
lessee unless the aggregate rental is paid as stipulated in the lease
contract. All rights of joint lessees under the lease contract shall be
in proportion to the amount of lease rental paid by each.
(Formerly: Acts 1947, c.273, s.1.) As amended by P.L.8-1987,
SEC.69; P.L.25-1995, SEC.79.
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