Ind. Code § 8-1.5-2-6 – Sale of nonsurplus property; terms of ordinance; satisfaction of existing obligations; bid submitted by trust; proceeds; sale for less than appraised value

(a) The ordinance adopted by the municipal legislative body under section 5(d) of this chapter must provide for:
1. (1) the sale or disposition of the municipally owned utility property;
2. (2) the manner of the sale or disposition;
3. (3) the price, terms, and conditions of the sale or disposition, which must be consistent with any contractual obligations previously incurred under IC 8-1-2.2 ; and
4. (4) the officer or officers who are to execute the proper documents conveying title on behalf of the municipality.
(b) Except as provided in subsection (e), the property may not be sold for less than its full appraised value, as set forth in the appraisal, less the amount of any bonds, liens, or other indebtedness due upon the property, and only in accordance with contractual obligations incurred under IC 8-1-2.2 . The indebtedness shall either:
1. (1) be paid in accordance with the terms and conditions of the instruments governing the indebtedness before the sale; or
2. (2) be assumed and paid by the purchaser as part of the purchase price of the property.
(c) This subsection applies if a municipal legislative body adopts an ordinance for the sale or disposition of municipally owned utility real property by acceptance of bids. A bid submitted by a trust (as defined in IC 30-4-1-1 (a)) must identify each:
1. (1) beneficiary of the trust; and
2. (2) settlor empowered to revoke or modify the trust.
(d) The proceeds of any sale under this chapter shall be paid into the treasury of the municipality making the sale and become part of the general fund, unless the municipal legislative body adopts an ordinance to provide that the proceeds of the sale shall be paid into a restricted fund to be used only in the manner set forth in the ordinance.
(e) The municipally owned utility property that is the subject of an ordinance adopted under section 5(d) of this chapter may be sold for less than its full appraised value, as set forth in the appraisal, if the municipal legislative body determines that it would be in the municipality's best interests to sell the property for less than its full appraised value so as to result in lower utility rates to be charged by the prospective purchaser to customers of the municipality's municipally owned utility.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.104-1983, SEC.1; P.L.336-1989(ss), SEC.18; P.L.103-2008, SEC.4; P.L.98-2016, SEC.9.