(a)When the lessor corporation and the county
have agreed upon the terms and conditions of any lease proposed to be
entered into under this chapter and before the final execution of the
lease, a notice must be published in accordance with IC 5-3-1 of a
hearing before the county executive. The notice must name the day,
place, and hour of the hearing and must set forth a brief summary of the
principal terms of the lease agreed upon, including the location, name
of the proposed lessor corporation and character of the bridge to be
leased, the rental to be paid, and the number of years the contract is to
be in effect. The proposed lease, drawings, plans, specifications, and
estimates for the bridge shall be available for inspection by the public
during the ten (10) day period and at the meetin
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(a) When the lessor corporation and the county
have agreed upon the terms and conditions of any lease proposed to be
entered into under this chapter and before the final execution of the
lease, a notice must be published in accordance with IC 5-3-1 of a
hearing before the county executive. The notice must name the day,
place, and hour of the hearing and must set forth a brief summary of the
principal terms of the lease agreed upon, including the location, name
of the proposed lessor corporation and character of the bridge to be
leased, the rental to be paid, and the number of years the contract is to
be in effect. The proposed lease, drawings, plans, specifications, and
estimates for the bridge shall be available for inspection by the public
during the ten (10) day period and at the meeting. All interested
persons shall have a right to be heard at the time fixed, concerning the
necessity for the execution of the lease and whether the rental to the
lessor corporation is a fair and reasonable rental for the proposed
bridge. The hearing may be adjourned to a later date, and following the
hearing the county executive may either authorize the execution of the
lease as originally agreed upon or may make modifications as agreed
upon with the lessor corporation. However, the lease rentals as set out
in the published notice may not be increased. The cost of the
publication of the notice shall be borne by lessor corporations.
(b) If the execution of the lease as originally agreed upon, or as
modified by agreement, is authorized by the county executive, it shall
give notice of the execution of the contract by publication in
accordance with IC 5-3-1. Ten (10) or more taxpayers in the lessee
county affected by the proposed lease may file a petition in the office
of the county auditor of the lessee county, within thirty (30) days after
publication of notice of the execution of the lease, setting forth their
objections and facts showing that the execution of the lease is
unnecessary or unwise, or that the lease rental is not fair and
reasonable. Upon the filing of any petition, the county auditor shall
certify a copy, together with any other data as may be necessary in
order to present the questions involved, to the department of local
government finance and upon the receipt of the certified petition and
information, the department of local government finance shall fix a
time for the hearing not less than five (5) or more than thirty (30) days
after receipt of the petition. 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 county commissioners
of the lessee county, and to the first ten (10) taxpayer-petitioners
appearing on the petition by a letter signed by one (1) member of the
department of local government finance, and enclosed with full prepaid
postage addressed to those persons at their usual place of residence, at
least five (5) days before the date of the hearing. A:
(1) taxpayer who signed the petition; or
(2) political subdivision against which a petition is filed;
may petition for judicial review of the final determination of the
department of local government finance under this subsection. The
petition must be filed in the tax court not more than forty-five (45) days
after the date of the department's final determination.
(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 by the county executive or if an
appeal has been taken to the department of local government finance,
then within thirty (30) days after the decision of the department.
Formerly: Acts 1975, P.L.92, SEC.2. As amended by
P.L.86-1988, SEC.31; P.L.90-2002, SEC.325; P.L.256-2003, SEC.33;
P.L.38-2021, SEC.53.