§ 3-9-110. AUTHORITY TO LEASE PROPERTY.

(a)

In general. In furtherance of public purposes, the county administration may lease property owned by the county.

(b)

Scope. This section applies only to a lease of more than 1 year's duration.

(c)

Lease conditions. A lease shall contain provisions:

(1)

Securing efficiency of public service at reasonable rates;

(2)

Securing maintenance of the property in good condition throughout the term of the lease;

(3)

Specifying the mode of determining valuation and revaluation of the rent which may be provided for in the lease;

(4)

Regarding termination of the lease and other remedies for failure of compliance with the terms of the lease;

(5)

Specifying the time periods for the exercise of remedies under the lease resulting from the tenant's default; and

(6)

Expressly reserving for the county administration the right and duty at all times to exercise full governmental control and regulation in respect to all matters connected with the lease not inconsistent with the terms of the lease.

(d)

Diligent inquiry required. Before the first publication of notice under this section, the county shall make diligent inquiry into the proposed terms of the lease and the adequacy of the compensation to be received by the county.

(e)

Publication.

(1)

A notice of the proposed lease shall be published at the expense of the lessee once a week for 3 successive weeks in at least one newspaper of general circulation.

(2)

The notice shall include:

(i)

A summary of the terms of the proposed lease;

(ii)

The compensation to be received by the county; and

(iii)

Information about filing objections to the proposed lease with the secretary to the County Executive.

(f)

Objections.

(1)

If an interested person, either as a county taxpayer or as a person with property rights involved in the proposed lease, has any objection to the proposed lease, the person shall file the person's specific objections in writing with the secretary to the County Executive before the expiration date established in the notice.

(2)

The County Council shall set a date for the hearing of valid objections filed under this subsection.

(g)

Execution. If no valid objection is made or the County Council determines that no objection should be sustained after the hearing, the county administration may execute the lease.

(1988 Code, § 2-1) (Bill No. 159-96, § 1, 11-22-1996; Bill No. 31-99, § 3, 7-1-2004; Bill No. 96-99, § 1, 11-19-1999)