Sec. 13. (a) When the authority, the city executive, and a majority of the city legislative body have agreed upon the terms and conditions of a lease, and before the final execution of the lease, a notice shall be given by the city clerk by publication of a public hearing to be held by the city legislative body in the city. The hearing shall be held on a day at least ten (10) days after the publication of 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 city.
(b) The notice must name the date, place, and time of the hearing and must set forth a brief summary of the principal terms of the lease, including the character and location of the property to be leased, the lease rental to be paid, the number of years the contract is to be in effect, and 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 must be open to inspection by the public during the ten (10) day period and at the meeting.
(c) All interested persons are entitled to be heard at the hearing concerning the necessity for the execution of the lease and whether the lease rental is fair and reasonable. The hearing may be adjourned to a later date with the place to be set before adjournment. Following the hearing the city legislative body and city executive may either authorize the execution of the lease as originally agreed upon or may make modifications that are agreed upon with the authority, the legislative body, and city executive. The authorization must be done by ordinance, which shall be entered in the official records of the legislative body. The lease contract shall be executed on behalf of the city by the executive and attested by the city clerk. It shall be executed on behalf of the authority by the president or vice president and secretary of the board.
As added by Acts 1982, P.L.218, SEC.4.
Structure Indiana Code
Article 10. Recreation, Culture, and Community Facilities
Chapter 10. Civic Center Building Authority in South Bend or Mishawaka
36-10-10-1. Application of Chapter
36-10-10-3. Creation; Procedure
36-10-10-4. Board; Members; Appointment; Terms; Vacancies; Oath
36-10-10-5. Board; Members; Removal; Procedure
36-10-10-6. Board; Organizational Meeting; Officers; Annual Reorganization Meeting
36-10-10-7. Board; Bylaws; Meetings; Quorum; Approval of Actions; Reimbursement of Expenses
36-10-10-8. Directors; Conflicts of Interest
36-10-10-9. Preliminary Expenses; Payment; Reimbursement
36-10-10-12. Lease; Payment of Rental; Approval
36-10-10-13. Lease; Notice and Hearing; Authorization; Execution
36-10-10-15. Lease; Action to Contest Validity or Enjoin Performance; Limitation
36-10-10-17. Lease; Approval of Plans, Specifications, and Estimates
36-10-10-18. Sale or Lease of Land by City to Authority
36-10-10-19. Revenue Bonds; Issuance; Resolution
36-10-10-20. Revenue Bonds; Execution; Sale; Authority to Issue Refunding Bonds
36-10-10-21. Bonds; Application of Proceeds; Lien
36-10-10-22. Bonds; Trust Indenture
36-10-10-23. Tax Levy by City to Pay Lease Rental
36-10-10-26. Liquidation; Procedure
36-10-10-27. Construction of Addition to Convention Center by City; Law Applicable; Financing
36-10-10-28. Additions to Convention Center; Party Wall Agreements
36-10-10-29. Civic Center Board of Managers; Creation; Duties; Organization
36-10-10-30. Board of Managers; Powers
36-10-10-31. Board of Managers; Preparation and Approval of Annual Budget; Approval of Expenditures
36-10-10-32. Board of Managers; Controller and Assistant Controller; Duties