§ 20-47-2-13 — Notice of signing of lease; appeal

Indiana § 20-47-2-13

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 47: RELATED ENTITIES; HOLDING COMPANIES
• Ch. 2: Public Holding Companies

Text

(a) If the execution of the lease as originally
agreed upon or as modified by agreement is authorized by the
governing body or bodies of the school corporation or corporations, the
governing body shall give notice of the signing of the lease by
publication one (1) time in:
(1) a newspaper of general circulation printed in the English
language in the school corporation;
(2) a newspaper described in subdivision (1) in each school
corporation if the proposed lease is a joint lease; or
(3) if no such newspaper is published in the school corporation,
in any newspaper of general circulation published in the county.
(b) This subsection does not apply to a lease for which a school
corporation after June 30, 2008, makes a preliminary determination as
described in IC 6-1.1-20-3.1 or IC 6-1.1-20-3.5 or a decision as
described in IC 6-1.1-20-5, or, in the case of a lease not subject to IC 6-1.1-20-3.1, IC 6-1.1-20-3.5, or IC 6-1.1-20-5, adopts a resolution or
ordinance authorizing the lease after June 30, 2008. Within thirty (30)
days after the publication of notice under subsection (a), fifty (50) or
more taxpayers in the school corporation or corporations who:
(1) will be affected by the proposed lease; and
(2) are of the opinion that:
(A) necessity does not exist for the execution of the lease; or
(B) the proposed rental provided for in the lease is not a fair
and reasonable rental;
may file a petition in the office of the county auditor of the county in
which the school corporation or corporations are located. The petition
must set forth the taxpayers' objections to the lease and facts showing
that the execution of the lease is unnecessary or unwise or that the lease
rental is not fair and reasonable, as the case may be.
(c) Upon the filing of a petition under subsection (b), the county
auditor shall immediately certify a copy of the petition, together with
any other data that is necessary to present the questions involved, to the
department of local government finance. Upon receipt of the certified
petition and data, if any, the department of local government finance
shall fix a time, date, and place for the hearing of the matter, which
may not be less than five (5) nor more than thirty (30) days thereafter.
The department of local government finance shall:
(1) conduct the hearing in the school corporation or corporations,
in the county where the school corporation or corporations are
located, or through electronic means; and
(2) give notice of the hearing to the members of the governing
body or bodies of the school corporation or corporations and to
the first fifty (50) taxpayers who signed the petition under
subsection (b) by a letter signed by the commissioner or deputy
commissioner of the department of local government finance and
enclosed with full prepaid postage addressed to the taxpayer
petitioners at their usual place of residence, at least five (5) days
before the hearing.
The decision of the department of local government finance on the
appeal upon the necessity for the execution of the lease and as to
whether the rental is fair and reasonable, is final.
[Pre-2006 Recodification Citation: 21-5-11-7(c).]

Legislative History

As added by P.L.2-2006, SEC.170. Amended by P.L.146-2008, SEC.515; P.L.38-2021, SEC.67.