Section 36-1-10-16 - Conveyance of structure to lessor and lease back; purchase price; option to purchase(a) A political subdivision or agency owning a structure with respect to which its revenue bonds are outstanding may, to refinance those bonds, convey the structure to the lessor in fee simple and lease it from the lessor in accordance with this chapter.(b) The price of a purchase under this section must be at least the sum of: (1) the principal amount of the outstanding revenue bonds;(2) interest on those bonds to the maturity date of bonds not subject to redemption before maturity and to the first redemption date of bonds subject to redemption before maturity; and(3) the redemption premiums on all bonds subject to redemption before maturity. An amount not less than this sum shall be deposited in trust for the payment of the outstanding revenue bonds in a manner consistent with the ordinance or trust agreement under which the bonds were issued. The money deposited in the trust, and investment income from it, not required for the payment of the bonds, shall be applied to the payment of the obligations issued by the lessor for the acquisition of the structure, and to a corresponding reduction of rentals for the leasing agent.
(c) Each lease entered into under this section must include an option permitting the political subdivision or agency to purchase the structure at a price not exceeding the amount required to retire all outstanding obligations issued by the lessor to acquire the property covered by the lease. The lease and sale of a parking facility under this section does not preclude the lease of air rights.Pre-Local Government Recodification Citation: 18-5-3.3-8.5.
Amended by P.L. 174-2022,SEC. 69, eff. 7/1/2022.As added by Acts1981 , P.L. 57, SEC.36. Amended by P.L. 90-2002, SEC.465.