16-22-6-1. Authority Defined
Sec. 1. As used in this chapter, “authority” means the hospital association created by section 2 of this chapter. [Pre-1993 Recodification Citation: 16-12-20-27(b).] As added by P.L.2-1993, SEC.5.
16-22-6-10. Conflicts of Interest
Sec. 10. A member may not have a pecuniary interest in a contract, an employment, a purchase, or a sale made under the provisions of this chapter. A transaction in which a director has a pecuniary interest is void. [Pre-1993 Recodification Citation: 16-12-20-7.] As added by P.L.2-1993, SEC.5.
16-22-6-11. Preliminary Expenses
Sec. 11. (a) All necessary preliminary expenses actually incurred by the governing board to make surveys, prepare estimates of costs and receipts, employ architects, engineers, attorneys, or other consultants, give notices, take options, and all other expenses that must be paid before the issue and delivery of bonds under this chapter may be paid by […]
16-22-6-12. Powers of Governing Board
Sec. 12. The governing board of the authority may do the following: (1) Finance and construct or renovate a building for hospital use on land owned by the authority and lease the land and building to the county in which the authority has been created. (2) Sue and be sued and plead and be impleaded. […]
16-22-6-13. Leases
Sec. 13. Each county may lease land and a building from the authority for hospital purposes. A contract of lease on a particular building may not be entered into for more than forty (40) years but the contract may be renewed for a like or lesser time. [Pre-1993 Recodification Citation: 16-12-20-10.] As added by P.L.2-1993, […]
16-22-6-14. Anticipatory Lease
Sec. 14. A county may, in anticipation of the construction, erection, or renovation of a building, including the necessary equipment and appurtenances, enter into a contract of lease with the authority before the acquisition of a site and the construction, erection, or renovation of the building. Rental payments under a contract of lease may not […]
16-22-6-15. Payment of Lease Rental; Sources
Sec. 15. A lease executed under this chapter may provide for the payment of the lease rental in one (1) of the following ways: (1) Entirely from the levy of taxes. (2) Entirely from the net revenues of the hospital of which the leased building or buildings are a part. (3) In part from the […]
16-22-6-16. Payment of Lease Rentals From Hospital Net Revenues; Reserve Fund
Sec. 16. (a) If a lease provides for the payment of lease rental in whole or in part from net revenues of the hospital, the lease may provide that the county and the governing board of the hospital establish a reserve fund for net revenues in excess of the amount required to pay lease rental […]
16-22-6-17. Payment of Lease Rentals From a Cumulative Building Fund
Sec. 17. (a) If a lease provides for the payment of lease rentals for a cumulative building fund, part or all of the cumulative building fund and the tax levied for the cumulative building fund may be committed and pledged to the payment of lease rental. To the extent the amount is insufficient to pay […]
16-22-6-18. Hearing on Terms of Proposed Lease; Notice
Sec. 18. When the authority, the governing board of the hospital, the county executive, and a majority of the county fiscal body of the county have agreed upon the terms and conditions of a lease proposed to be entered into under the terms and conditions of this chapter and before the final execution of the […]
16-22-6-19. Authorization and Execution of Lease
Sec. 19. Following the hearing the county executive may authorize the execution of the lease originally agreed on or make modifications agreed on with the authority, the governing board, and the county fiscal body. The authorization must be by an order entered in the official records of the county executive. The lease shall be executed: […]
16-22-6-2. Resolution for Creation of Authority; Name; Purpose
Sec. 2. The county executive of a county owning and operating only one (1) county hospital may, upon written request by the governing board of the hospital, adopt a resolution for the creation of an authority under this chapter. Upon the adoption of the resolution an authority is created which shall be a body corporate […]
16-22-6-20. Notice of Execution of Authorized Lease; Taxpayer Objections
Sec. 20. (a) If the execution of the original or a modified lease is authorized, notice of the signing shall be published on behalf of the county one (1) time in a newspaper of general circulation and published in the county. Except as provided in subsection (b), at least ten (10) taxpayers in the county […]
16-22-6-21. Submission of Objections to Department of Local Government Finance
Sec. 21. On the filing of the petition the county auditor shall immediately certify a copy, together with other data necessary to present the questions involved, to the department of local government finance. [Pre-1993 Recodification Citation: 16-12-20-13(b) part.] As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.388.
16-22-6-22. Hearing by Department of Local Government Finance; Notice
Sec. 22. On receipt of the certified petition and information, the department of local government finance shall fix a time in the county for the hearing that shall be not less than five (5) or more than fifteen (15) days after receipt. The department of local government finance may either hold the hearing in the […]
16-22-6-23. Time for Bringing Action to Contest or Enjoin Lease
Sec. 23. An action to contest the validity of the lease or to enjoin the performance of the terms and conditions of the lease may not be instituted more than thirty (30) days after publication of notice of the execution of the lease or, if an appeal is taken to the department of local government […]
16-22-6-24. Lease Options; Renewal or Purchase
Sec. 24. (a) A lease: (1) may provide that the lessee has an option to renew the lease for a like or lesser term; and (2) must contain an option to purchase at any time after ten (10) years from the execution of the lease and before the expiration of the term of the lease […]
16-22-6-25. Plans and Specifications; Approval
Sec. 25. Before the execution of a lease the governing board of the hospital and the county executive shall approve the plans, specifications, and estimates of cost for the building, equipment, and appurtenances that the authority proposes to lease to a lessee. The plans and specifications also shall be submitted to and approved by the […]
16-22-6-26. Sale of County Land or Building to Authority; Procedure
Sec. 26. (a) A county desiring to erect or renovate a building on land owned or to be acquired by the county may sell land or a building, or both to the authority. Before the sale may take place, the county executive, with the approval of the county fiscal body, shall file a petition with […]
16-22-6-27. Contiguous Counties; Agreements for County Without Hospital to Reimburse County With Hospital for Portion of Lease Rental; Procedure
Sec. 27. (a) As used in this section, “contributing county” means a county without a county hospital that is contiguous to a county with a county hospital. (b) As used in this section, “lessee county” means a county with a county hospital. (c) A contributing county may enter into an agreement with a lessee county […]