§ 36-12-10-8 — Notice and hearing on terms and conditions of proposed lease

Indiana § 36-12-10-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 12: LIBRARIES
• Ch. 10: Leasing of Library Property

Text

(a) When the lessor corporation and the
municipal corporation or corporations have agreed upon the terms and
conditions of a lease proposed to be entered into under this chapter and
before the final execution of the lease, notice of a hearing shall be
given by publication to all interested persons. The hearing shall be held
before the governing authority, on a day not earlier than ten (10) days
after the publication of the notice.
(b) The notice of the hearing shall be published one (1) time in a
newspaper of general circulation in the district of the municipal
corporation or in each municipal corporation district if the proposed
lease is a joint lease. If a newspaper is not published in the district, the
notice shall be published in any newspaper of general circulation
published in the county. The notice must name the date, place, and time
of the hearing and set forth a brief summary of the principal terms of
the lease agreed upon, including:
(1) the location;
(2) the name of the proposed lessor corporation and character of
the property to be leased;
(3) the rental to be paid; and
(4) the number of years the contract is to be in effect.
The proposed lease, drawings, plans, specifications, and estimates for
the library building or buildings must be available for inspection by the
public during the ten (10) day period under subsection (a) and at the
meeting. All interested persons are entitled to be heard at the hearing
regarding the necessity for the execution of the lease, and whether the
rental provided for in the lease to be paid to the lessor corporation is a
fair and reasonable rental for the proposed building or buildings. The
hearing may be adjourned to a later date or dates, and following the
hearing, the governing authority may either authorize the execution of
the lease as originally agreed upon or may make modifications that
have been agreed upon by the lessor corporation. The lease rentals as
set out in the published notice may not be increased. The cost of the
publication of the notice shall be paid by the lessor corporation.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-14-10-8.]

Legislative History

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.53.