Indiana Code
Chapter 2. County Executive
36-2-2-23. County Property; Licenses, Permits, or Franchises for Use; Utilities; State Consent

Sec. 23. (a) The executive may grant licenses, permits, or franchises for the use of county property if they:
(1) are not exclusive;
(2) are of a definite duration; and
(3) are assignable only with the consent of the executive.
(b) If a public utility or municipally owned or operated utility that carries on business outside the corporate boundaries of municipalities in the county is engaged in an activity substantially similar to that for which a license, permit, or franchise for the use of county property is sought, the executive may grant the license, permit, or franchise only with the consent of the utility regulatory commission. The commission may give its consent only if it determines, after a public hearing of all interested parties, that public necessity and convenience require the substantially similar activity.
(c) The provisions of this section that concern securing the consent of the utility regulatory commission do not apply to municipally owned or operated utilities.
[Pre-Local Government Recodification Citation: 17-1-14-11 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1988, SEC.117.

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