2022 Indiana Code
Title 36. Local Government
Article 9. Transportation and Public Works
Chapter 30. Solid Waste Collection and Disposal
36-9-30-24. Lease With Option to Purchase Facilities; Terms and Conditions
Sec. 24. (a) A unit may enter into a lease with option to purchase of solid waste disposal facilities inside or outside the corporate boundaries of the unit. However, a lease with an option to purchase may not be entered into for a term of more than thirty (30) years unless:
(1) the lessor is a corporation organized under Indiana law or admitted to do business in Indiana;
(2) a petition for the lease, signed by fifty (50) or more resident taxpayers of the unit, has been filed with the board; and
(3) the board has, after investigation, determined that there is a need for the facilities.
The terms and conditions of the option to purchase must be specified in the lease.
(b) A lease under this section may provide that as a part of the lease rental for the solid waste disposal facilities, the unit agrees to:
(1) pay all taxes and assessments levied against or on account of the leased property;
(2) maintain insurance on the leased property for the benefit of the lessor corporation; and
(3) assume all responsibilities for repair and alterations of the leased property during the term of the lease.
[Pre-Local Government Recodification Citations: 19-2-1-20; 19-2-1-23.]
As added by Acts 1981, P.L.309, SEC.106.
