§ 5-1.2-7-17 — Notice of public hearing; notice of execution of lease; action to contest validity of lease; taxpayer objections to lease

Indiana § 5-1.2-7-17

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 1.2: INDIANA FINANCE AUTHORITY
• Ch. 7: Health Facility Financing

Text

(a) When the authority, the board of trustees
or board of managers of the hospital, the board of commissioners of the
county, and a majority of the county council have agreed upon the
terms and conditions of any lease proposed to be entered into under
section 13 or 14 of this chapter, and before the final execution of the
lease, the county auditor shall give notice by publication of a public
hearing to be held in the county by the board of commissioners. The
hearing shall take place on a day not earlier than ten (10) days after the
publication of the notice. The notice of the hearing shall be published
one (1) time in a newspaper of general circulation printed in the
English language and published in the county. The notice shall do the
following:
(1) Name the day, place, and hour of the hearing.
(2) Set forth a brief summary of the principal terms of the lease
agreed upon, including the character and location of the property
to be leased, the lease rental to be paid, and the number of years
the contract is to be in effect.
(3) State a location where the proposed lease, drawings, plans,
specifications, and estimates may be examined.
The proposed lease and the drawings, plans, specifications, and
estimates of construction cost for the building shall be open to
inspection by the public during the ten (10) day period and at the
hearing. All interested persons shall have a right to be heard at the
hearing on the necessity for the execution of the lease and whether the
lease rental under the lease is fair and reasonable. The hearing may be
adjourned to a later date with the place of the hearing fixed before
adjournment. Following the hearing, the board of commissioners may
either authorize the execution of the lease as originally agreed upon or
may make modifications that are agreed upon by the authority, the
board of trustees or board of managers of the hospital, and the county
council. The authorization shall be by an order that is entered in the
official records of the board of commissioners. The lease contract shall
be executed on behalf of the county by the board of commissioners.
(b) If the execution of the lease as originally agreed upon or as
modified by agreement is authorized, notice of the signing of the lease
shall be given on behalf of the county by publication one (1) time in a
newspaper of general circulation printed in the English language and
published in the county. Except as provided in subsection (d), ten (10)
or more taxpayers in the county whose tax rate will be affected by the
proposed lease and who may be of the opinion that no necessity exists
for the execution of the lease or that the lease rental under the lease is
not fair and reasonable may file a petition in the office of the county
auditor, within thirty (30) days after publication of notice of the
execution of the lease, that sets forth the taxpayers' objections and facts
supporting those objections. Upon the filing of a petition, the county
auditor shall immediately certify a copy of the petition together with
any other data as may be necessary in order to present the questions
involved to the department of local government finance. Upon receipt
of the certified petition and information, the department of local
government finance shall fix a time for the hearing of the matter that is
not less than five (5) or more than fifteen (15) days after receipt. The
department of local government finance may either hold the hearing in
the affected county or through electronic means. Notice of the hearing
shall be given by the department of local government finance to the
board of county commissioners and to the first ten (10) taxpayer
petitioners upon the petition by certified mail sent to the addresses
listed on the petition at least five (5) days before the date of the
hearing.
(c) No action to contest the validity of the lease or to enjoin the
performance of any of the terms and conditions of the lease shall be
instituted at any time later than thirty (30) days after publication of
notice of the execution of the lease, or, if an appeal has been taken to
the department of local government finance, within thirty (30) days
after the decision of the department.
(d) The authority for taxpayers to object to a proposed lease under
subsection (b) does not apply if the authority complies with the
procedures for the issuance of bonds and other evidence of
indebtedness described in IC 6-1.1-20.

Legislative History

As added by P.L.189-2018, SEC.25. Amended by P.L.38-2021, SEC.3.