Indiana § 36-9-11-13 - Leases; procedure; approval by legislative body

§ 36-9-11-13. Leases; procedure; approval by legislative body

Sec. 13. (a) A rental or lease contract under this section is effective only if it is approved by ordinance or resolution of the municipal legislative body.

(b) The municipal works board may lease or rent to others for operation any parking facility or property acquired for parking purposes, after first adopting a resolution setting out its intention to do so. The resolution must specify the term of the lease, permissible parking charges, manner of operation, and other requirements having a bearing on the value of the proposed lease.

(c) A lease under this section may also require the lessee to:

(1) clear, grade, and pave land;

(2) erect and equip structures; and

(3) remodel, extend, repair, and improve structures;

for parking purposes. Work to be performed by the lessee under this section must be described in the resolution under subsection (b).

(d) Notice of the resolution must be given by publication in accordance with IC 5-3-1. The notice must set forth:

(1) the time and place at which offers will be received and considered;

(2) the location, size, and capacity of the real property;

(3) a description of any work to be performed by the lessee under subsection (c);

(4) the specifications adopted governing the leasing; and

(5) the other information required to secure free and open competition in the offers.

(e) The lease shall be awarded to the bidder offering the most advantageous terms in the judgment of the works board, giving due consideration to the experience and financial responsibility of the bidder. The works board may reject any offers.

[Pre-Local Government Recodification Citations: 19-5-11-7 part; 19-5-13-9 part.]

As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.45, SEC.44.