CHAPTER 3. CONVEYANCE OR ASSIGNMENT OF REAL AND PERSONAL PROPERTY BY A COUNTY TO AN ASSOCIATION INCORPORATED FOR PREVENTION AND TREATMENT OF TUBERCULOSIS
IC 16-24-3
Chapter 3. Conveyance or Assignment of Real and PersonalProperty by a County to an Association Incorporated for Preventionand Treatment of Tuberculosis
IC 16-24-3-1
Authority of county to convey or assign property to nonprofit orcharitable tuberculosis association
Sec. 1. Whenever a county:
(1) acquires real or other property with funds donated for thepurpose of prevention, detection, treatment, and cure oftuberculosis or for the acquisition, enlargement, or maintenanceof a tuberculosis hospital or clinic; and
(2) has a nonprofit and charitable association dedicated to theprevention, detection, and treatment of tuberculosis that:
(A) has been engaged in that cause in the county for at leastfive (5) years;
(B) has used the property and financed the operation of atuberculosis clinic for at least three (3) years in a mannersatisfactory to the county executive; and
(C) is affiliated with and operates under contract with theIndiana Tuberculosis Association;
the county may, through the county executive of the county, conveyor assign the property to the county tuberculosis association inconsideration for the future and perpetual operation of the clinic forthe benefit of all citizens of the county for the prevention, detection,and early treatment of tuberculosis without expense to the county.
As added by P.L.2-1993, SEC.7.
IC 16-24-3-2
Petition for conveyance or assignment
Sec. 2. A county tuberculosis association that qualifies for aconveyance or an assignment of real or other property under thischapter may file a petition with the county executive. The petitionmust meet the following conditions:
(1) Describe the property sought.
(2) Set out facts in support of the association's qualification.
(3) Be verified under oath of the president and secretary of theassociation.
(4) Include two (2) executed copies of the proposed agreementfor the future and perpetual operation of the clinic withoutexpense to the county.
As added by P.L.2-1993, SEC.7.
IC 16-24-3-3
Investigation of petitioner
Sec. 3. The county executive shall convey or assign the propertyto the petitioner if the board finds the following:
(1) The petitioner is qualified to receive the property describedin the petitioner's petition. (2) It is in the best interest of the county to convey or assign theproperty.
As added by P.L.2-1993, SEC.7.
IC 16-24-3-4
Ordinance authorizing conveyance or assignment
Sec. 4. (a) The county auditor shall call a meeting of the countyfiscal body to consider the matter.
(b) If the county fiscal body confirms the finding of the countyexecutive by a two-thirds (2/3) vote of all members of the fiscalbody, the county fiscal body shall adopt an ordinance authorizing theboard to execute the contract on behalf of the county and to conveyor assign the property.
As added by P.L.2-1993, SEC.7.
IC 16-24-3-5
Contract to convey or assign property
Sec. 5. The county executive shall execute the contract and theconveyance or assignment of property and deliver the conveyance orassignment to the petitioner, retaining a copy of the executedcontract that shall be entered in the official minutes of the board.
As added by P.L.2-1993, SEC.7.
IC 16-24-3-6
Conditions on conveyance or assignment
Sec. 6. The county may not convey or assign the property unlessthe following conditions are met:
(1) The property is separate and apart from county propertyused for other county purposes.
(2) The deed and contract of conveyance of real propertycontains a stipulation that the real property reverts to the grantorcounty if the grantee fails or neglects in the future to operate theclinic for the purposes set out in the contract.
As added by P.L.2-1993, SEC.7.
IC 16-24-3-7
Continuing county obligation to tuberculosis patients
Sec. 7. This chapter does not relieve the county from theobligation to care for and treat tuberculosis patients, including thetreatment of advanced cases in hospitals, either within or outside thecounty.
As added by P.L.2-1993, SEC.7.