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 Personal
Property by a County to an Association Incorporated for Prevention
and Treatment of Tuberculosis
IC 16-24-3-1
Authority of county to convey or assign property to nonprofit or
charitable tuberculosis association
Sec. 1. Whenever a county:
(1) acquires real or other property with funds donated for the
purpose of prevention, detection, treatment, and cure of
tuberculosis or for the acquisition, enlargement, or maintenance
of a tuberculosis hospital or clinic; and
(2) has a nonprofit and charitable association dedicated to the
prevention, detection, and treatment of tuberculosis that:
(A) has been engaged in that cause in the county for at least
five (5) years;
(B) has used the property and financed the operation of a
tuberculosis clinic for at least three (3) years in a manner
satisfactory to the county executive; and
(C) is affiliated with and operates under contract with the
Indiana Tuberculosis Association;
the county may, through the county executive of the county, convey
or assign the property to the county tuberculosis association in
consideration for the future and perpetual operation of the clinic for
the 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 a
conveyance or an assignment of real or other property under this
chapter may file a petition with the county executive. The petition
must 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 the
association.
(4) Include two (2) executed copies of the proposed agreement
for the future and perpetual operation of the clinic without
expense 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 property
to the petitioner if the board finds the following:
(1) The petitioner is qualified to receive the property described
in the petitioner's petition.
(2) It is in the best interest of the county to convey or assign the
property.
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 county
fiscal body to consider the matter.
(b) If the county fiscal body confirms the finding of the county
executive by a two-thirds (2/3) vote of all members of the fiscal
body, the county fiscal body shall adopt an ordinance authorizing the
board to execute the contract on behalf of the county and to convey
or 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 the
conveyance or assignment of property and deliver the conveyance or
assignment to the petitioner, retaining a copy of the executed
contract 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 unless
the following conditions are met:
(1) The property is separate and apart from county property
used for other county purposes.
(2) The deed and contract of conveyance of real property
contains a stipulation that the real property reverts to the grantor
county if the grantee fails or neglects in the future to operate the
clinic 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 the
obligation to care for and treat tuberculosis patients, including the
treatment of advanced cases in hospitals, either within or outside the
county.
As added by P.L.2-1993, SEC.7.