(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOCAL GOVERNMENTAL UNIT. Includes any city, town, county, township, school corporation, special taxing district, municipal corporation, political subdivision or agency of the state.
PRIVATE PERSON. Includes any of the following:
(a) A for-profit corporation organized under the laws of the state or duly admitted to do business in the State of Indiana;
(b) A firm;
(c) A partnership;
(d) An association; or
(e) An individual.
(`81 Code, § 2-3) (Ord. 557, passed 2-16-1981; Am. Ord. 761, passed 3-20-1995)
(B) The following is the procedure to be followed in the leasing of real property owned by the city to private persons:
(1) Whenever the City Common Council shall deem or determine by resolution that any real estate owned by the city is not then needed for municipal purposes, and the city desires to offer the real estate for lease to a private person, it may offer the real estate for lease in accordance with the procedures set forth in this division (B).
(2) Prior to the offering of any real estate owned by the city for lease to a private person, the Common Council shall cause two separate appraisals of the rental value to be made by independent appraisers. In making the appraisals, the appraisers shall take into consideration not only the size, location and physical condition of the land, but also the advantages accruing to the city and public from carrying out the lease and all factors having a bearing on the value.
(3) The appraisals shall be solely for the information of the Common Council, and shall not be open to inspection by the public.
(4) A notice shall be published, at least one time in a newspaper published and of general circulation in the city, that at a designated time, not less than ten days after the publication, the Common Council will open and consider written offers from private persons for the lease of the real estate. In giving the notice it shall not be necessary to specify the exact terms of the lease, but the notice shall state the general location of the land and attention shall be called generally to any limitations of the use to be made of the real estate to be offered to private persons.
(5) At the time fixed in the notice, the Common Council shall proceed to open and consider any offers received from private persons. All offers so received shall be opened at a public meeting of the Common Council, and the offers shall be open for public inspection. The Common Council shall have the power to reject any and all bids and to make awards to the highest and best bidder. After receipt of the offers, the Mayor or other designee of the Common Council shall have the authority to negotiate with the successful bidder any and all of the terms of the lease, including rent to be paid therefor and payment of any and all expenses relating to the negotiation of the lease.
(6) In determining the best bid, the Common Council shall take into consideration the character and purpose of the use proposed to be made by the bidder, his or her plans and abilities to carry out the purposes for which he or she proposes to use the real estate, the bidder's proposed rental offer, and any factor which the Common Council shall determine will best serve the interests of the community, both from the standpoint of human and economic welfare.
(7) No lease shall be made at a rental price less than the average of the aforementioned appraisals.
(8) The lease shall be executed in the name of the city or any subdivision, agency or department thereof, and shall be signed by the Mayor and attested by the Clerk-Treasurer or other signatory as authorized and directed by the resolution herein before provided.
(C) The following is the procedure to be followed in the leasing of real property owned by the city to local governmental units.
(1) Whenever the City Common Council shall deem or determine by resolution that any real estate owned by the city may be used more efficiently by enabling the city to contract with other local governmental units on a basis of mutual advantage and thereby provide services and facilities in a manner pursuant to forms of governmental organization that will accord best with geographic, economic, population or other factors influencing the needs and development of the city, and the city desires to offer the real estate for lease to a local governmental unit or units, it may offer the real estate for lease in accordance with the procedure set forth in this section.
(2) The provisions of an act entitled Local Governmental Units: Contractual Agreements, hereinafter referred to as the Act, without limitation, including I.C. 18-5-1.5-1 through and including I.C. 18-5-1.5-7, as the same are in force and effect hereafter, and as the same are amended from time to time hereafter, are incorporated herein by reference and made part of this section the same as if set forth in full herein.
(3) In addition to, and not in limitation of, the provisions provided for in the Act, the Common Council may, in the resolution provided for in division (1) above, require any other necessary and proper matters which the Common Council in its sole discretion deems advisable under the circumstances to the extent that the necessary and proper matters further the purpose of the leasing of the real estate, as set out in I.C. 18-5-1.5-1.
(4) All leases of real estate heretofore entered into by and between the city and/or private persons or local governmental units, pursuant to Ord. 497, are hereby ratified and confirmed as lawful of the city and declared to be of public benefit to the health, safety and general welfare of the city and its citizens.
(`81 Code, § 2-3) (Ord. 557, passed 2-16-1981)