§ 36-12-10-9 — Notice of lease signing; appeal to department of local government finance; limitation on actions to contest validity of lease

Indiana § 36-12-10-9

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

Text

(a) If the execution of the lease as originally
agreed upon, or as modified by agreement, is authorized by the library
board, the library board shall give notice of the signing of the lease by
publication one (1) time in a newspaper of general circulation printed
in the English language 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.
(b) Fifty (50) or more taxpayers in the municipal corporation or
corporations who will be affected by the proposed lease and who are of
the opinion that the execution of the lease is not necessary or that the
proposed rental is not a fair and reasonable rental may file a petition in
the office of the county auditor of the county in which the municipal
corporation or corporations are located. The petition must be filed not
later than thirty (30) days after the publication of notice of the
execution of the lease and must set forth objections 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, the county auditor shall
immediately certify to the department of local government finance a
copy of the petition, together with other data that may be necessary to
present the questions involved. Upon receipt of the certified petition
and information, the department of local government finance shall fix
a time and place for a hearing of the matter not less than five (5) or
more than thirty (30) days after the department's receipt of the petition
and information. The hearing shall be held in the municipal corporation
or corporations, in the county where the municipal corporation or
corporations are located, or through electronic means.
(d) Notice of the hearing shall be given by the department of local
government finance to the members of the library board and to the first
ten (10) taxpayer petitioners on the petition by a letter signed by the
department of local government finance. The postage of the notice shall
be prepaid, and the notice shall be addressed to the persons at their
usual place of residence and mailed at least five (5) days before the
date of the hearing. The decision of the department of local government
finance on the appeal regarding the necessity for the execution of the
lease and whether the rental is fair and reasonable is final. A lease may
be amended by the parties by following the procedure under this
chapter.
(e) An action to contest the validity of the lease or an amendment to
the lease or to enjoin the performance of any of the terms and
conditions of the lease must be brought not later than thirty (30) days
after publication of notice of the execution of the lease or an
amendment to the lease by the library board of the municipal
corporation or corporations. If an appeal has been taken to the
department of local government finance, action must be brought not
later than thirty (30) days after the decision of the department.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-14-10-9.]

Legislative History

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.54; P.L.38-2021, SEC.111.