§ 36-9-30-25 — Lease with option to purchase facilities; hearing; notice; authorization to execute lease

Indiana § 36-9-30-25

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 30: Solid Waste Collection and Disposal

Text

(a) After the lessor corporation and the unit
have agreed upon the terms and conditions of a lease under section 24
of this chapter, and before the final execution of the lease, notice of a
hearing to be held before the board shall be given to all interested
persons. The hearing may not be earlier than ten (10) days after the
publication of notice.
(b) The notice of hearing shall be published one (1) time in the
manner prescribed by IC 5-3-1. The notice must name the day, place,
and hour of the hearing and set forth a brief summary of the principal
terms of the lease, including the location and name of the proposed
lessor corporation, the character of the property to be leased, the rental
to be paid, the term of the lease, and a summary of the terms of
purchase under the option. The cost of publication shall be paid by the
lessor corporation.
(c) The proposed lease, drawings, plans, specifications, and
estimates for the solid waste disposal facilities shall be kept available
for inspection by the public during the ten (10) day period and at the
meeting.
(d) At the hearing, which may be adjourned from time to time, all
interested persons are entitled to be heard upon the necessity for the
execution of the lease and upon the fairness and reasonableness of the
rental and purchase price provided for in the lease.
(e) After the hearing, the board may authorize the execution of the
lease as originally agreed upon or make the modifications in the lease
that are agreed upon with the lessor corporation. However, the lease
rental or purchase price as set out in the published notice may not be
increased.
[Pre-Local Government Recodification Citation:
19-2-1-25.]
As added by Acts 1981, P.L.309, SEC.106.