Indiana Code
Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities
8-1.5-2-29. Lease of Waterworks Facilities; Notice and Hearing

Sec. 29. (a) When the municipality and the lessor have agreed upon the terms and conditions of any waterworks lease proposed to be entered into under this chapter and before the final execution of the lease, a notice shall be given by publication in accordance with IC 5-3-1 to all persons interested, of a hearing to be held before the municipal legislative body, which hearing must be on a day not earlier than twenty (20) days after publication of the notice.
(b) The notice must:
(1) name the day, place, and hour of the hearing; and
(2) set forth a brief summary of the principal terms agreed upon, including:
(A) the name of the lessor;
(B) the character of the property to be leased;
(C) the lease rental to be paid; and
(D) the number of years the lease is to be in effect.
(c) The proposed lease must be available for inspection by the public during the twenty (20) day period and at the hearing.
(d) All persons interested are entitled to be heard, at the time fixed, upon the necessity for the execution of the lease and whether the rental to be paid to the proposed lessor is a fair and reasonable rental for the waterworks facilities. The hearing may be adjourned to a later date or dates.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.35-1990, SEC.27.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1.5. Municipal Utilities

Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities

8-1.5-2-1. Application of Chapter; Exception

8-1.5-2-2. Application of Chapter; Additional Exceptions

8-1.5-2-3. Disposition, Construction, and Acquisition of Utilities; Lease and Operation of Waterworks Facilities

8-1.5-2-4. Sale of Nonsurplus Property; Writing Providing for Appraisal; Sufficiency of Written Contracts With Appraisers

8-1.5-2-5. Sale of Nonsurplus Property; Appraiser Qualifications; Public Hearing; Ordinance for Sale; Effective Date; Petitions Opposing Sale; Submission to Voters; Ordinances Adopted After March 28, 2016

8-1.5-2-6. Sale of Nonsurplus Property; Terms of Ordinance; Satisfaction of Existing Obligations; Bid Submitted by Trust; Proceeds; Sale for Less Than Appraised Value

8-1.5-2-6.1. Sale of Nonsurplus Property; Ordinance Adopted After March 28, 2016; Approval of Commission; Terms and Conditions; Public Interest Determination; Net Original Cost Rate Base; Submission to Voters

8-1.5-2-7. Public Convenience and Necessity; Declaratory Resolution

8-1.5-2-8. Preliminary Expenses; Appropriation

8-1.5-2-9. Appropriation for Preliminary Expenses; Repayment

8-1.5-2-10. Ordinance Declaring Public Convenience and Necessity; Notice and Hearing

8-1.5-2-11. Repealed

8-1.5-2-12. Sale of Heat, Light, Water, or Power to Municipality

8-1.5-2-13. Contracts for Acquisition, Construction, or Replacement of Public Utility Property; Authorizing Ordinance

8-1.5-2-14. Costs of Construction or Acquisition; Security for Payment

8-1.5-2-15. Condemnation; Authorization

8-1.5-2-15.5. Condemnation of Public Utility

8-1.5-2-16. Repealed

8-1.5-2-17. Acquisition of Property Rights Inside or Outside Boundaries; Utility Lines; Protection of Services From Injury or Pollution; Attachments From Abuse, Destruction, or Waste

8-1.5-2-18. Bonds; Payable Out of Special Account; Issuance

8-1.5-2-19. Bonds, Notes, or Other Obligations; Issuance; Approval by Commission for Long Term Bonds

8-1.5-2-19.5. Purchase of Equipment Requiring Lead Time Before Availability; Approval of Contracts if Sufficient Funds Available

8-1.5-2-20. Bonds; Payment From Revenues Not Derived From Particular Utility; Restriction

8-1.5-2-21. Bonds Payable Out of Special Account; Purchase by Municipality

8-1.5-2-22. General Obligation Bonds; Authorization; Limitation

8-1.5-2-23. General Obligation Bonds; Terms; Sale

8-1.5-2-24. Revenue Bonds; Money Set Aside for Payment of Interest and Principal

8-1.5-2-25. Special Utility Account; Establishment by Municipality; Use

8-1.5-2-26. Tax Levy for Payment of Bonds

8-1.5-2-27. Lease of Waterworks Facilities; Term; Option to Purchase or Renew; Transfer of Property to Municipality

8-1.5-2-28. Lease of Waterworks Facilities; Payment of Operating Expenses; Sufficiency of Rates and Charges

8-1.5-2-29. Lease of Waterworks Facilities; Notice and Hearing

8-1.5-2-30. Lease of Waterworks Facilities; Execution; Limitation of Actions

8-1.5-2-31. Leased Waterworks Facilities; Tax Exemptions

8-1.5-2-32. Leased Waterworks Facilities; Applicable Statutes

8-1.5-2-33. Action to Determine Public Convenience and Necessity