§ 36-9-24-8 — Notice of signing of lease contract; petitions, notice, and hearing concerning objections to lease rental

(a) When a municipal legislative body
authorizes the execution of a lease under section 7 of this chapter,
notice of the signing of the contract shall be given by publication in the
manner prescribed by section 7 of this chapter. Within thirty (30) days
after publication of the notice, fifty (50) or more of the:
(1) users in the municipality served by the municipally owned
sewage works; or
(2) users served by the facilities to be leased;
may file with the utility regulatory commission (if the lessor is leasing
facilities under section 3(a) of this chapter), or with the circuit or
superior court of the county where the facility is located (if the lessor
is leasing facilities under section 3(b) of this chapter), a petition setting
forth their objections to the lease rental, including facts showing that
the lease rental is not fair and reasonable.
(b) On receipt of the petition, the commission or the court shall fix
a time and place for a hearing on whether the lease rental is fair and
reasonable. The hearing may not be less than twenty (20) nor more than
sixty (60) days after the commission's or the court's receipt of the
petition. At least ten (10) days before the date of the hearing, the
commission or the court shall mail notice of the hearing to:
(1) the municipal executive;
(2) the municipality; and
(3) the first ten (10) petitioners listed on the petition, at their usual
place of residence.
(c) The decision of the commission or the court as to whether the
lease rental is fair and reasonable is final.
[Pre-Local Government Recodification Citation:
19-2-5.5-7.]
As added by Acts 1981, P.L.309, SEC.97. Amended by
P.L.23-1988, SEC.126; P.L.186-1988, SEC.5.