Sec. 25. (a) After the lessor corporation and the unit have agreed upon the terms and conditions of a lease under section 24 of this chapter, and before the final execution of the lease, notice of a hearing to be held before the board shall be given to all interested persons. The hearing may not be earlier than ten (10) days after the publication of notice.
(b) The notice of hearing shall be published one (1) time in the manner prescribed by IC 5-3-1. The notice must name the day, place, and hour of the hearing and set forth a brief summary of the principal terms of the lease, including the location and name of the proposed lessor corporation, the character of the property to be leased, the rental to be paid, the term of the lease, and a summary of the terms of purchase under the option. The cost of publication shall be paid by the lessor corporation.
(c) The proposed lease, drawings, plans, specifications, and estimates for the solid waste disposal facilities shall be kept available for inspection by the public during the ten (10) day period and at the meeting.
(d) At the hearing, which may be adjourned from time to time, all interested persons are entitled to be heard upon the necessity for the execution of the lease and upon the fairness and reasonableness of the rental and purchase price provided for in the lease.
(e) After the hearing, the board may authorize the execution of the lease as originally agreed upon or make the modifications in the lease that are agreed upon with the lessor corporation. However, the lease rental or purchase price as set out in the published notice may not be increased.
[Pre-Local Government Recodification Citation: 19-2-1-25.]
As added by Acts 1981, P.L.309, SEC.106.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 30. Solid Waste Collection and Disposal
36-9-30-1. Application of Chapter
36-9-30-3. Facilities for Collection and Disposal; Revenue Bonds to Pay Costs
36-9-30-4. Methods for Disposal
36-9-30-5. Contracts for Collection or Disposal; Requirements
36-9-30-5.3. Contracts for Collection and Disposal of Solid Waste; Request for Proposals
36-9-30-5.5. Contracts for Incineration of Waste
36-9-30-7. Supervision and Control of Functions by Works Board
36-9-30-8. Contracts or Agreements Necessary to Performance of Board's Duties
36-9-30-9. Personnel Necessary in Execution of Board's Powers and Duties
36-9-30-11. Operation, Management, and Control of Facilities
36-9-30-13. Operation of Facilities
36-9-30-14. Contracts With Other Units Desiring Use of Facility; Cost and Expenses; Term
36-9-30-15. Methods of Financing of Facilities and Land
36-9-30-16. Preliminary Expenses; Payment; Procedure; Reimbursement of Fund
36-9-30-17. Revenue Bonds; Issuance; Interest Rates; Terms and Conditions; Nature of Bonds; Sale
36-9-30-18. Revenue Bonds; Ordinance Authorizing Bond
36-9-30-19. Revenue Bonds; Application of Proceeds; Costs of Facility
36-9-30-21. Fees for Use of and Service Rendered by Facilities
36-9-30-22. Solid Waste Disposal Nonreverting Capital Fund
36-9-30-24. Lease With Option to Purchase Facilities; Terms and Conditions
36-9-30-26. Lease With Option to Purchase Facilities; Notice of Date of Execution of Lease
36-9-30-27. Lease With Option to Purchase Facilities; Lessor Corporation; Payment
36-9-30-28. Lease With Option to Purchase Facilities; Erection of Facility on Land Owned by Unit
36-9-30-30. Lease With Option to Purchase Facilities; Annual Tax Levy; Review of Levy
36-9-30-31. Lease With Option to Purchase Facilities; Tax Exemption