Sec. 11. (a) After the lessor corporation and the school corporation or corporations have agreed upon the terms and conditions of a lease proposed to be entered into under this chapter, and before the final execution of the lease, a notice shall be given by publication to all persons interested of a hearing or joint hearing to be held before the governing body or governing bodies of the school corporation or corporations authorized to approve the lease. The hearing must be not earlier than:
(1) ten (10) days after publication of the notice, if new construction is proposed; or
(2) thirty (30) days after publication of the notice, if improvement or expansion is proposed.
(b) The notice required by subsection (a) must:
(1) be published one (1) time in:
(A) a newspaper of general circulation printed in the English language in the school corporation;
(B) a newspaper described in clause (A) in each school corporation if the proposed lease is a joint lease; or
(C) if no such paper is published in the school corporation, in any newspaper of general circulation published in the county;
(2) name the date, time, and place of the hearing; and
(3) set forth a brief summary of the principal terms of the lease agreed upon, including the:
(A) location of the property to be leased;
(B) name of the proposed lessor corporation;
(C) character of the property to be leased;
(D) rental to be paid; and
(E) number of years the lease is to be in effect.
The cost of publishing the notice shall be borne by the lessor corporation.
(c) The proposed lease, drawings, plans, specifications, and estimates for the school building or buildings must be available for inspection by the public during the ten (10) day or thirty (30) day period described in subsection (a) and at the hearing under section 12 of this chapter.
[Pre-2006 Recodification Citation: 21-5-11-7(a).]
As added by P.L.2-2006, SEC.170.
Structure Indiana Code
Article 47. Related Entities; Holding Companies; Lease Agreements
Chapter 2. Public Holding Companies
20-47-2-2. "Capital Actually Invested"
20-47-2-3. "Lessor Corporation"
20-47-2-5. Powers; Lease of School Building
20-47-2-7. Required Terms of Lease Agreement
20-47-2-8. Lessor Corporation; Submission of Preliminary Plans
20-47-2-9. Permissible Provisions of Lease; Payment of Taxes; Insurance
20-47-2-10. Lease Preceding Acquisition of Land
20-47-2-11. Required Public Hearing; Notice of Lease Terms
20-47-2-12. Conduct of Public Hearing; Lease Authorization Procedures
20-47-2-13. Notice of Signing of Lease; Appeal
20-47-2-14. Limitation on Time to File Appeal
20-47-2-15. Acquisition of Land for Building Site; Sale to Lessor Corporation
20-47-2-16. Lessor Corporation; Sale of Bonds and Securities; Mortgage Bonds
20-47-2-17. Refunding of Outstanding Bonds; Appeal
20-47-2-19. Option to Purchase; Bonds to Fund Purchase
20-47-2-20. Required Levy; Payment of Obligations
20-47-2-21. Exemption of Lessor Corporation Property From Taxes
20-47-2-23. Termination of Lease; Disposition of Surplus Revenues