CHAPTER 31. COLLECTION AND DISPOSAL OF WASTE IN INDIANAPOLIS
IC 36-9-31
Chapter 31. Collection and Disposal of Waste in Indianapolis
IC 36-9-31-1
Application of chapter
Sec. 1. This chapter applies to each consolidated city.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-2
Definitions
Sec. 2. As used in this chapter:
"Board" refers to the board of public works of the consolidated
city, subject to IC 36-3-4-23.
"Byproduct" means energy and materials from wastes in a form
that will allow their reuse.
"Byproduct recovery facility" means a facility for the systematic
separation and recovery of energy and recyclable material from
waste.
"Cost" as applied to a facility, or any part of a facility, includes
the cost of construction, modification, or acquisition of the facility,
or any part of it, financing charges, interest before and during
construction and for one (1) year after commencement of operation
of the facility, cost of funding any reserves to secure the payment of
principal and interest on the bonds, cost of funding any operation and
maintenance reserve fund, cost of funding any major repair or
replacement fund, legal and underwriting expenses, plans,
specifications, surveys, estimates of costs and revenues, other
expenses necessary or incident to determining the feasibility or
practicability of constructing the facility, administrative expense, and
such other expenses as may be necessary or incident to the
construction, modification, or acquisition of the facility, the
financing of the construction, modification, or acquisition, and the
placing of the facility in operation.
"Developer" means any person that proposes to enter into or has
entered into a financing agreement with the consolidated city for
financing a facility and that proposes to enter into or has entered into
a separate agreement with some other person for the use and
operation of the facility so financed.
"Disposal" includes the treatment of as well as the placing,
processing, confining, compacting, storing, or covering of waste.
"Facility" means any facility, plant, works, system, building,
structure, improvement, machinery, equipment, fixture, or other real
or personal property that is to be used, occupied, or employed for the
storage, processing, or disposal of waste or the recovery and
marketing by any means of any byproduct, such as recycling centers,
transfer stations, trucks, bailing facilities, rail haul or barge haul
facilities, processing systems, byproduct recovery facilities or other
facilities for reducing waste volume, sanitary landfills, plants and
facilities for compacting, composting, or pyrolization of wastes,
incinerators, and other waste disposal, reduction, or conversion
facilities or any combination thereof. The term excludes any energy
generating facility that does not rely on waste as its primary fuel
source and any facility regulated under IC 13-22-1 through
IC 13-22-8 and IC 13-22-13 through IC 13-22-14.
"Financing agreement" includes an agreement between the
consolidated city and a developer or between a developer or user, or
both, concerning the financing of, the title to, or possession of
facilities, or both, and payments to the city in respect thereof.
"Grant" means money to be received from the federal government
or any of its agencies, or the state or any of its agencies, intended to
be used for the construction, modification, or acquisition of waste
disposal facilities. The term also includes federal revenue-sharing
money to which the consolidated city is entitled.
"Net revenues" means the amount of revenues received by the
consolidated city from the operation and ownership of facilities less
the reasonable expenses of the operation, repair, and maintenance of
these facilities.
"Processing" means an operation for the purpose of modifying the
characteristics or properties of waste to facilitate transportation of,
disposal of, or the recovery of byproducts from waste.
"Proposal" means a written response to a request for proposals.
"Proposer" means any person that has submitted a proposal in
response to a request for proposals issued to the person by the board.
"Public notice" means a notice published in accordance with
IC 5-3-1.
"Put or pay contract" means a contract entered into by the
consolidated city with any person whereby the city guarantees the
provision of a specified amount of waste to the person and the city
is obligated to pay the person a specified amount for waste that is not
so provided.
"Request for proposals" means an invitation to submit a proposal
to the consolidated city for the construction, modification,
acquisition, operation, or combination of any of these, of the facility
under section 4 of this chapter.
"Request for qualifications" means an invitation by the
consolidated city to any person to submit qualifications in order to
qualify to submit a proposal.
"Revenue bonds" means bonds issued under section 10 of this
chapter.
"Revenues" means the amounts received by the consolidated city
from the operation or ownership of facilities, including amounts
received from the collection of fees under section 8 of this chapter,
amounts received under financing agreements under section 11 of
this chapter, tipping fees, lease rentals, and amounts received from
the sale or other disposition of byproducts, but not including any
amounts derived from the levy of taxes.
"Service district" means the solid waste collection special service
district created by IC 36-3-1-6.
"Solid waste" has the meaning set forth in IC 36-9-30-2, except
that the term excludes sewage and other highly diluted water-carried
materials or substances and those in gaseous forms, excludes waste
when the waste is to be reused or reclaimed as salvage, and excludes
waste regulated under IC 13-22-1 through IC 13-22-8 and
IC 13-22-13 through IC 13-22-14.
"Tipping fees" means the charge by any person for the disposal of
waste at a facility.
"User", for purposes of section 11 of this chapter only, means a
person that has entered into a financing agreement with the
consolidated city, or with a developer, in contemplation of the user's
use and operation of the facilities referred to in the agreement.
"Waste" includes solid waste and water disposed of in
conjunction with the disposal of solid waste, as well as liquid waste
(consisting of sludge from air or water pollution control facilities or
water supply treatment facilities), when disposed of in conjunction
with the disposal of solid waste.
"Waste disposal development bonds" means bonds issued under
section 11 of this chapter.
"Waste disposal district" means the waste disposal special taxing
district referred to in IC 36-3-1-6.
"Waste disposal district bonds" means bonds issued under section
9 of this chapter.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.1-1996,
SEC.95.
IC 36-9-31-3
Powers and duties of board
Sec. 3. In order to provide for the collection and disposal of waste
in the consolidated city and for the management, operation,
acquisition, and financing of facilities for waste disposal, the board
may exercise the following powers on behalf of the city, in addition
to the powers specifically set forth elsewhere in this chapter:
(1) To sue and be sued.
(2) To exercise the power of eminent domain as provided in
IC 32-24 within the corporate boundaries of the city; however,
the power of eminent domain may not be exercised to acquire
the property of any public utility used for the production or
distribution of energy.
(3) To provide for the collection of waste accumulated within
the service district and to provide for disposal of waste
accumulated within the waste disposal district, including
contracting with persons for collection, disposal, or waste
storage, and the recovery of byproducts from waste, and
granting these persons the right to collect and dispose of any
such wastes and store and recover byproducts from them.
(4) To plan, design, construct, finance, manage, own, lease,
operate, and maintain facilities for waste disposal.
(5) To enter into all contracts or agreements necessary or
incidental to the collection, disposal, or recovery of byproducts
from waste, such as put or pay contracts, contracts and
agreements for the design, construction, operation, financing,
ownership, or maintenance of facilities or the processing or
disposal of waste or the sale or other disposition of any
products generated by a facility. Notwithstanding any other
statute, any such contract or agreement may be for a period not
to exceed forty (40) years.
(6) To enter into agreements for the leasing of facilities in
accordance with IC 36-1-10; however, any such agreement
having an original term of five (5) or more years is subject to
approval by the department of local government finance under
IC 6-3.5. Such an agreement may be executed before approval,
but if the department of local government finance does not
approve the agreement, it is void.
(7) To purchase, lease, or otherwise acquire real or personal
property.
(8) To contract for architectural, engineering, legal, or other
professional services.
(9) To exclusively control, within the city, the collection,
transportation, storage, and disposal of waste and, subject to the
provisions of sections 6 and 8 of this chapter, to fix fees in
connection with these matters.
(10) To determine exclusively the location and character of any
facility, subject to local zoning ordinances and environmental
management laws (as defined in IC 13-11-2-71).
(11) To sell or lease to any person any facility or part of it.
(12) To make and contract for plans, surveys, studies, and
investigations.
(13) To enter upon property to make surveys, soundings,
borings, and examinations.
(14) To accept gifts, grants, or loans of money, other property,
or services from any source, public or private, and to comply
with their terms.
(15) To issue from time to time waste disposal district bonds to
finance the cost of facilities as provided in section 9 of this
chapter.
(16) To issue from time to time revenue bonds to finance the
cost of facilities as provided in section 10 of this chapter.
(17) To issue from time to time waste disposal development
bonds to finance the cost of facilities as provided in section 11
of this chapter.
(18) To issue from time to time notes in anticipation of grants
or in anticipation of the issuance of bonds to finance the cost of
facilities as provided in section 13 of this chapter.
(19) To establish fees for the collection and disposal of waste,
subject to the provisions of sections 6 and 8 of this chapter.
(20) To levy a tax within the service district to pay costs of
operation in connection with waste collection, waste disposal,
mowing services, and animal control, subject to regular budget
and tax levy procedures. For purposes of this subdivision,
"mowing services" refers only to mowing services for
rights-of-way or on vacant property.
(21) To levy a tax within the waste disposal district to pay costs
of operation in connection with waste disposal, subject to
regular budget and tax levy procedures.
(22) To borrow in anticipation of taxes.
(23) To employ staff engineers, clerks, secretaries, and other
employees in accordance with an approved budget.
(24) To issue requests for proposals and requests for
qualifications as provided in section 4 of this chapter.
(25) To require all persons located within the service district or
waste disposal district to deposit waste at sites designated by
the board.
(26) To otherwise do all things necessary for the collection and
disposal of waste and the recovery of byproducts from it.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.38-1984,
SEC.5; P.L.85-1995, SEC.42; P.L.1-1996, SEC.96; P.L.67-1999,
SEC.1; P.L.2-2002, SEC.127.
IC 36-9-31-4
Contracts or agreements with board; competitive bidding;
proposal procedure; action to contest validity of award; negotiated
contracts; insurance
Sec. 4. (a) Notwithstanding any statute relating to the length,
duration, and terms of contracts and agreements, the board on behalf
of the consolidated city may enter into any contract or agreement
with any person upon such terms and conditions as may be agreed
upon, for the design, construction, operation, financing, ownership,
or maintenance of a facility for waste disposal in accordance with the
requirements and conditions of this section. Before or after the
expiration or termination of the term or duration of any contract or
agreement entered into or granted under this section, the board, in
accordance with the requirements and conditions of this section, may
from time to time enter into amended, extended, supplemental, new,
or further contracts or agreements with the same or any other person
for any purpose referred to in this section.
(b) Overall cost, including construction costs, tipping fees, and
reductions in costs resulting from the sale of byproducts, should in
all cases be a major criterion in the selection of contractors for award
of contracts under this section. The board shall consider the highly
complex and innovative nature of byproduct recovery technology, the
variety of waste disposal technology available, the desirability of
flexibility for the development of these complex facilities, and the
economic and technical utility of contracts for byproduct recovery
projects that include in their scope various combinations of design,
construction, operations, management, or maintenance
responsibilities over prolonged periods of time and that in some
instances it may be beneficial to the consolidated city to award a
contract on the basis of factors other than cost alone, for example,
facility design, system reliability, energy efficiency, compatibility
with source separation and other recycling systems and
environmental protection. Accordingly, and notwithstanding any
other statute, a contract entered into between the board on behalf of
the city and any person under this section may be awarded by the
board by following either of the following procedures:
(1) Public bidding in compliance with IC 36-1-12.
(2) Compliance with subsection (c).
(c) The board may issue a request for qualifications and request
for proposals prepared by or for the consolidated city in accordance
with the following provisions:
(1) All persons may be required to prequalify as a proposer by
submitting information relating to the experience of the
proposer, the basis on which the proposer purports to be
qualified to carry out all work required by a proposed contract,
and the financial condition of the proposer. Minimum
requirements may be set by the board as to these minimum
qualifications in a request for qualifications issued before that.
(2) Before the issuance of a request for proposals under this
section, the board shall adopt a proposed request for proposals
and shall publish a public notice that may contain a request for
qualifications, if a prequalification process has been adopted
under subdivision (1), including the criteria on which proposers
may be selected. The public notice must include the intent to
issue a request for proposals, and must further designate times
and places where the proposed request for proposals may be
viewed by the general public. Comments may be addressed to
the scope or contents of the proposed request for proposals. The
board shall allow not less than a thirty (30) day period for the
submission of qualifications and comments on the proposed
request for proposals, following which the board shall select a
proposer and adopt a request for proposals. After that, the board
shall notify each proposer that is selected of the selection,
inform each proposer of the date and place proposals are to be
submitted, and deliver to each proposer a copy of the request
for proposal.
(3) Requests for proposals must include a clear identification
and specification of all elements of cost that would become
charges to the city, in whatever form, in return for the
fulfillment by the proposer of all tasks and responsibilities
established by the request for proposals for the full lifetime of
a proposed contract, including such appropriate matters as
proposals for project staffing, implementation of all work tasks,
carrying out of all responsibility required by the proposed
contract, the cost of planning, design, construction, operation,
management, or maintenance of any facility, or the cost of
processing or disposal of solid waste, and a clear identification
and specification of any revenues that would accrue to the city
from the sale of any byproducts or from any other source, and
such other information as the board may determine to have a
material bearing on its ability to evaluate any proposal in
accordance with this section. However, the board may prescribe
the form and content of proposals and, in any event, the
proposer must submit sufficiently detailed information to permit
a fair and equitable evaluation by the board of the proposal. In
addition, the board in the request for proposals may set such
maximum allowable cost limits as it determines to be
appropriate.
(4) Proposals may not be received by the board before thirty
(30) days following notification to the proposers of their
selection.
(5) Proposals received under this section shall be evaluated by
the board as to net cost or revenues and, in the manner
consistent with provisions set forth in the requests for
proposals, may be evaluated on the basis of additional factors
such as the technical evaluation of facility design, net energy
efficiency, environmental protection, overall system reliability,
and financial condition of the proposer.
(6) The board, on behalf of the city, may negotiate with the
proposer and may make a contract award to any responsible
proposer. The board shall give public notice of a public hearing,
which notice must designate the time and place of a public
hearing at which hearing the board shall hear comments upon
the contract to be awarded. Following the public hearing, the
board shall make a contract award to any responsible proposer
selected under this section based on a determination by the
board that the selected proposal is the most responsive to the
needs of the city. The award must be in the form of a resolution
and must include particularized findings relative to factors
evaluated under this section, indicating that the city's needs are
met by the award and that the action is in the public interest.
(d) An action to contest the validity of the contract awarded or the
procedure by which it was awarded must be brought within thirty
(30) days following the award of the contract. After that date, the
contract is incontestable for any cause.
(e) Notwithstanding any other statute, any contract entered into by
the board with any person on behalf of the consolidated city for the
collection of solid waste may be awarded by negotiation or by
competitive bids. The board shall consider the following factors in
awarding a negotiated contract:
(1) Price quoted by the proposed contractor.
(2) Prior experience of the proposed contractor.
(3) Financial status of the proposed contractor.
(4) Number of vehicles and other equipment to be used by the
proposed contractor.
(5) Any other factors related to the proposed contractor's ability
to perform under the contract.
If a contract is awarded by negotiation, the reason for using
negotiation as the method to award the contract must be stated in
writing by the board at the time that the contract is awarded. A copy
of this statement must be kept available for public inspection.
(f) The board shall award competitive bid contracts to the lowest
responsible and responsive bidder after advertising for bids.
However, if a contract is not awarded to the lowest bidder, the
factors used to justify that award must be stated in the minutes or
memoranda at the time the award is made, and a copy of the minutes
or memoranda must be kept available for public inspection. The
procedures for granting a collection contract by competitive bidding
shall be prescribed in an ordinance adopted by the city-county
legislative body or, in the absence of such an ordinance, by
IC 36-1-12-4.
(g) The board may contract with multiple parties for solid waste
collection and may award separate contracts for separate
geographical areas within the consolidated city.
(h) This subsection applies to contracts of less than three hundred
thousand dollars ($300,000) a year for the collection of solid waste.
The board may require a waste collector under a contract to carry
insurance coverage in a form which protects against losses in excess
of the amount covered by other liability insurance policies. The
board may not require a waste collector to carry such umbrella
insurance coverage in excess of one million dollars ($1,000,000). A
waste collector under a contract must provide one (1) of the
following as determined by the board:
(1) A performance bond or an irrevocable letter of credit equal
to ten percent (10%) of the annual contract price.
(2) An agreement that ten percent (10%) of the annual contract
price may be withheld by the board as security for performance
of the contract.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.357-1987,
SEC.1; P.L.175-1990, SEC.1.
IC 36-9-31-5
Put or pay contract procedure; action to contest validity; tax levy
Sec. 5. (a) Any put or pay contract may provide for payments to
be made by the consolidated city under the contract from:
(1) the levy of taxes;
(2) revenues;
(3) any other available funds of the consolidated city; or
(4) any combination of the foregoing.
(b) A put or pay contract may further provide that payments by
the consolidated city to the other person to the contract are required
only to the extent and only for the period or periods that person is
able to accept and dispose of waste in accordance with the contract
had such waste been delivered to the person.
(c) A put or pay contract may be entered into by the consolidated
city extending for a period of five (5) years or more only after a
public hearing by the board, at which all interested persons shall be
heard. After the public hearing, the board may adopt a resolution
authorizing the execution of the contract on behalf of the city if it
finds that the estimated amount of waste to be provided throughout
the term of the contract will not be less than the specified amount of
waste required to be provided by the contract.
(d) A put or pay contract providing for payments by the
consolidated city in whole or in part from the levy of taxes is not
valid unless approved by ordinance of the city-county legislative
body. Upon execution of such a contract and approval by the
legislative body, the board shall cause notice of the execution of the
contract and its approval to be given by public notice. Fifty (50) or
more taxpayers residing in the city who will be affected by the
contract and who may be of the opinion that no necessity exists for
the execution of the contract or that the payments provided for in the
contract are not fair and reasonable may file a petition in the office
of the county auditor within thirty (30) days after the publication of
the notice of execution and approval, setting forth their names,
addresses, and objections to the contract and the facts showing that
the execution of the contract is unnecessary or unwise or that the
payments provided for in the contract are not fair and reasonable, as
the case may be. Upon the filing of the petition, the county auditor
shall immediately certify a copy of it, together with such other data
as may be necessary in order to present the questions involved, to the
department of local government finance. Upon receipt of the certified
petition and information, the department of local government finance
shall fix a time and place for the hearing of the matter, which must
be not less than five (5) nor more than thirty (30) days thereafter in
the city. Notice of the hearing shall be given by the department of
local government finance to the members of the board and to the first
fifty (50) taxpayer-petitioners upon the petition by a letter signed by
the commissioner or deputy commissioner of the department of local
government finance and enclosed with fully prepaid postage sent to
those persons at their usual place of residence, at least five (5) days
before the date of the hearing. The decision of the department of
local government finance on the appeal, upon the necessity for the
execution of the contract, and as to whether the payments under it are
fair and reasonable, is final.
(e) An action to contest the validity of the contract or to enjoin the
performance of any of its terms and conditions must be brought
within thirty (30) days after the publication of notice of the execution
and approval of the contract, or if an appeal has been taken to the
department of local government finance, then within thirty (30) days
after the decision of the department.
(f) After the consolidated city has entered into a put or pay
contract under this section, the city-county legislative body shall
annually levy a tax sufficient to produce each year the necessary
amount, with other amounts available, if any, that is sufficient to pay
the amounts that the contract provides are to be paid from the levy of
taxes. The tax levies provided for in this chapter are reviewable by
other bodies vested by law with authority to ascertain that the levies
are sufficient to raise the amount that, with other amounts available,
is sufficient to meet the payments under the contract payable from
the levy of taxes.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.90-2002,
SEC.516.
IC 36-9-31-6
Taxing units; ad valorem tax levies; user fee
Sec. 6. For purposes of IC 6-3.5-1.1, the service district and the
waste disposal district constitute civil taxing units, and they may
impose ad valorem property tax levies for the purpose of paying for
waste collection, or waste disposal. However, notwithstanding any
other provision of this chapter, if a property tax is levied for waste
collection, a user fee may not also be charged for waste collection or
animal control.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.73-1983,
SEC.22; P.L.38-1984, SEC.6; P.L.85-1995, SEC.43.
IC 36-9-31-7
Creation and purpose of service district
Sec. 7. The service district is created for the purpose of providing
persons within its territory with solid waste collection service.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-8
Fees for waste collection and disposal
Sec. 8. (a) The board may establish fees for waste collection and
disposal. The board shall establish fees for waste disposal when
necessary to pay principal or interest on any bonds issued under
section 10 of this chapter. Fees established under this subsection
shall apply to all persons owning real property benefited by waste
collection, a facility for waste disposal, or both. The board may
change and readjust fees from time to time.
(b) The board may fix the fees for waste collection on the basis of
a schedule of charges for each classification of residence or building
in use in the solid waste collection service district, and may fix the
fees for waste disposal on the basis of a schedule of charges for each
classification of residence or building in use in the waste disposal
district. These classifications of residences and buildings shall be
based on:
(1) weight or volume of the refuse received;
(2) the average number of containers or bags of refuse received;
(3) the relative difficulty associated with the disposal of the
waste received; or
(4) any combination of these criteria or any other criteria the
board determines to be logically related to the service.
(c) The collection of the fees authorized by this section may be
effectuated through a periodic billing system or through a charge
appearing on the semiannual property tax statement of the affected
property owner.
(d) If the fees are not paid when due (by the affected property
owner), a lien is created upon the property benefited by the collection
and disposal of waste. When the property is sold at a tax sale under
the procedures provided by statute, the amount of the purchase price
attributable to the waste charge lien reverts to the consolidated city.
(e) The board may exercise reasonable discretion in adopting
differing schedules of fees, based upon variations in the cost of
furnishing the services included within this chapter to various classes
of owners of property, the distance of the property benefited from the
facility, or any other variations the board determines to be logically
related to the cost of the service.
(f) Fees shall be established only after a public hearing before the
board at which all persons using facilities or owning property
benefited by waste collection and disposal, and others interested,
have had opportunity to be heard by the board concerning the
proposed fees. After adoption of the resolution fixing fees and before
the resolution takes effect, public notice of the hearing, setting forth
the schedule of fees, shall be given. The hearing may be adjourned
from time to time. After the hearing, the resolution establishing fees,
either as originally passed or as amended, shall be passed and put
into effect. A copy of the schedule of fees so established shall be
kept on file in the office of the board and shall be kept open to
inspection by all persons interested. The fees established shall be
extended to cover any additional territory later served that falls
within the same class, without the necessity of any hearing or notice.
Any change or readjustment of fees may be made in the same manner
as they were originally established.
(g) An action to contest the validity of the fees adopted or the
procedure by which they were adopted must be brought within thirty
(30) days following the adoption of the fees.
(h) Fees imposed under this chapter may be used, together with
any other revenues, to pay the cost of facilities for waste disposal,
waste collection, the operation and maintenance of facilities, cost
incurred under put or pay contracts, charges that may be pledged to
the payment of principal of and interest on waste disposal district or
revenue bonds, or amounts required by put or pay contracts.
(i) Before any fee established by the board for waste collection or
disposal may take effect, the city-county legislative body must by
ordinance approve, reject, or modify the fee.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.38-1984,
SEC.7.
IC 36-9-31-9
Special benefit tax; waste disposal district bonds; bids or
proposals; resolution; waste disposal district bond fund
Sec. 9. (a) The waste disposal district constitutes a special taxing
district for the purpose of levying a special benefit tax for the
purpose of providing the disposal of waste and the recovery of
byproducts from waste.
(b) Whenever, upon investigation, the board determines that a
facility or facilities for waste disposal is necessary for the public
health and welfare, and that the construction, modification, or
acquisition of the facility or facilities will be of public utility and
benefit, the board may, upon approval of the city-county legislative
body, issue waste disposal district bonds under this section for the
payment of the cost of the facility.
(c) Before authorizing the waste disposal district bonds the board
may either accept public bids for the facility or adopt a resolution
approving a request for proposals all as provided in section 4 of this
chapter.
(d) When plans and specifications have been prepared according
to the public bidding requirements of IC 36-1-12, or a resolution
adopted by the board approving a request for proposals, the board
shall adopt a resolution declaring that, upon investigation, it has been
found that it is necessary for the public health and welfare and will
be of public utility and benefit to construct, modify, or acquire (and
maintain where constructed) the facility or facilities and to acquire
the property described for that purpose. The resolution shall be kept
open to inspection by all persons interested in or affected by the
acquisition of the property or the construction of the facility. Upon
adoption of the resolution, the board shall give public notice of the
adoption and its purpose, which notice must name a date not less
than ten (10) days after the date of the last publication on which the
board will receive or hear remonstrances from persons interested in
or affected by the facility or facilities and will determine their public
utility and benefit.
(e) At the time fixed for the hearing, or at any time before that,
any person owning real or personal property within the waste
disposal district may file a written remonstrance with the board. At
the hearing, which may be adjourned from time to time, the board
shall hear all persons interested in the proceedings and all
remonstrances filed. After considering the remonstrances, the board
shall take final action determining the public utility and benefit of the
proposed proceedings and confirm, modify and confirm, or rescind
the resolution, which final action shall be duly recorded. This action
is final and conclusive upon all persons, except that any person who
has remonstrated in writing and who is aggrieved by the decision of
the board may take an appeal as provided in subsection (f).
(f) Any person who has filed a written remonstrance with the
board as provided in subsection (e), in case the board takes final
action confirming the resolution in its original or any modified form,
is entitled to appeal to the superior court of the county. Within ten
(10) days after the final action of the board, the remonstrator must
file in the office of the clerk of the court a copy of the resolution of
the board and his remonstrance, together with a surety bond
conditioned to pay the costs of the appeal should the appeal be
determined against him. The only ground of remonstrance of which
the court has jurisdiction on appeal is the question of whether it will
be of public utility and benefit to construct, modify, or acquire the
proposed facility, and the burden of proof is upon the remonstrator.
The cause shall be summarily tried by the court without a jury. All
remonstrances upon which an appeal are taken shall be consolidated
and heard as one (1) cause of action by the court, and the cause shall
be heard and determined by the court within thirty (30) days after the
time of filing the appeal. Upon the date fixed for hearing, the court
shall hear evidence upon the remonstrances and shall confirm the
final action of the board on the resolution or sustain the
remonstrance.
(g) Upon final action of the board, or court, confirming the
resolution in its original or any modified form, all real or personal
property located within the waste disposal district is subject to a
special tax for the purpose of providing money to pay all or a part of
the total cost of the acquisition, modification, or construction of the
facility, which special tax is declared to constitute the amount of
benefits resulting to all of the property in the district.
(h) For the purpose of raising money to pay the cost of the facility,
and in anticipation of the special tax to be levied, the board shall,
upon the approval of the legislative body, cause to be issued waste
disposal district bonds in the name of the consolidated city in
accordance with IC 36-3-5-8.
(i) On adopting a resolution ordering the issuance of waste
disposal district bonds, the board, with legislative body approval,
shall then certify a copy of the resolution and a copy of the approval
to the fiscal officer of the consolidated city, who shall then prepare
the bonds.
(j) The waste disposal district bonds are not, in any respect, a
corporate obligation or indebtedness of the consolidated city, but
constitute an indebtedness of the waste disposal district. The waste
disposal district bonds, and interest on them, issued under this
section are payable out of a special tax levied upon all of the
property of the waste disposal district and any other revenues made
available for that purpose under this chapter. The waste disposal
district bonds must so recite these terms upon their face, together
with the purpose for which they are issued.
(k) All proceeds from the sale of waste disposal district bonds
shall be kept as a separate and specific fund, to pay the cost of the
facility, and no part of the proceeds may be used for any other
purpose. Any surplus remaining out of the proceeds of the waste
disposal district bonds, after all of the cost is fully paid, shall be paid
into and becomes a part of the waste disposal district bond fund;
however, money derived from sources other than the waste disposal
district bond proceeds, such as state or federal grants or other
contributions, are not so restricted as to application regardless of
whether the contribution arises for a project financed from waste
disposal district bond proceeds.
(l) For the purpose of raising money to pay the waste disposal
district bonds issued under this section, the city-county legislative
body shall levy each year a special tax upon all the property of the
waste disposal district in such amount and manner as to meet and pay
the principal of the waste disposal district bonds as they severally
mature, together with all accruing interest on them. The tax so levied
each year shall be certified to the fiscal officers of the consolidated
city and the county. The tax so levied and certified shall be estimated
and entered upon the tax duplicate by the county auditor and shall be
collected and enforced by the county treasurer in the same manner as
county taxes are estimated, entered, collected and enforced. As the
tax is collected by the county treasurer, it shall be accumulated and
kept in a separate fund to be known as the waste disposal district
bond fund, and shall be applied to the payment of the principal of
and interest on the waste disposal district bonds as they become due
and to no other purpose. In fixing the amount of the necessary levy
the legislative body shall consider the amount of net revenues, if any,
to be derived from the collection of fees under section 8 of this
chapter or any other net revenues collected under this chapter above
the amount of revenues necessary to be applied upon or reserved by
or for the city for the operation, maintenance, and administrative
expenses of the facilities. The board shall annually, in lieu of making
the levy or to reduce the amount of the levy, set aside by resolution
the amount of the net revenues to be collected before maturity of the
principal and interest of the waste disposal district bonds payable in
the following calendar year. If the board adopts this resolution, then
it is unlawful for the board to use any part of the amount so set aside
out of the net revenues for any purpose other than the payment of
waste disposal district bonds and the interest on them. A
proportionate payment of this amount shall be made to the waste
disposal district bond fund monthly.
(m) The board may not issue waste disposal district bonds under
this section, payable by special taxation for that purpose in a total
amount, including outstanding bonds already issued, in an amount
exceeding six percent (6%) of the total adjusted value of taxable
property in the district as determined under IC 36-1-15. All waste
disposal district bonds issued in violation of this subsection are void.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.6-1997,
SEC.230.
IC 36-9-31-10
Revenue bonds of consolidated city
Sec. 10. (a) The board may recommend to the city-county
legislative body that it finance the cost of facilities for waste disposal
by borrowing money and issuing revenue bonds from time to time
under this section.
(b) The issuance of revenue bonds must be authorized by
ordinance of the legislative body.
(c) The revenue bonds are special obligations of the consolidated
city and are payable solely from and secured by a lien upon the
revenues of all or part of the facilities whether or not the facilities are
being financed with revenue bonds under this section, as shall be
more fully described in the ordinance authorizing the issuance of the
revenue bonds. The ordinance may pledge and assign for the security
of the revenue bonds all or part of the revenues or net revenues of the
facilities.
(d) The revenue bonds, and interest on them, are not a debt of the
consolidated city or the board, nor a charge, lien, or encumbrance,
legal or equitable, upon property of the board or the city, or upon the
revenues of the board other than those revenues of the facilities that
have been pledged to the payment of the revenue bonds. Every
revenue bond must recite in substance that the revenue bond,
including interest, is payable solely from the revenues pledged to its
payment, and that neither the board nor the city is under any
obligation to pay it, except from those revenues.
(e) In order that the payment of the revenue bonds and the interest
on them be adequately secured, the consolidated city and its officers,
agents, and employees shall provide for such covenants and do such
other acts and things that may be necessary, convenient, or desirable
in order to secure the revenue bonds or that may tend to make the
revenue bonds more marketable.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-11
Agreements and contracts requested by board; waste disposal
development bonds; financing agreements; advancement of bond
expenses; exemption from property taxes on facilities; approvals
and permits
Sec. 11. (a) The consolidated city may, upon request of the board:
(1) enter into agreements concerning, and acquire by any lawful
means, real property or interests in real and personal property
needed for the purposes of this section;
(2) enter into financing agreements to purchase, lease as lessee,
construct, remodel, rebuild, enlarge, or substantially improve
facilities for waste disposal;
(3) lease facilities to users or developers with or without an
option to purchase;
(4) sell facilities to users or developers for consideration, which
may be paid in installments or otherwise;
(5) make direct loans to users or developers for the cost of
acquisition, construction, or installation of facilities, including
land, machinery, or equipment, in which event the bonds shall
be secured by the pledge of one (1) or more bonds or other
secured or unsecured debt obligations of the users or
developers;
(6) enter into agreements with users or developers to allow the
users or developers to wholly or partially acquire, construct, or
modify facilities to be acquired by the city; and
(7) issue waste disposal development bonds under this section
to accomplish the purposes of this section and to secure
payment of the bonds as provided in this section.
(b) This section does not authorize the financing of facilities for
a developer unless any agreement that may exist between a developer
and a user is fully disclosed to, and approved by, the board.
(c) The board may, from time to time, enter into negotiations with
any one (1) or more persons concerning the terms and conditions of
financing facilities. Preliminary expenses in connection with
negotiations may be paid from money furnished by the proposed user
or developer, or from grant money, or from funds of the board.
(d) The board shall hold a public hearing on the proposed
financing of the facilities after giving public notice. Upon findings
by the board that the proposed financing will be of benefit to the
health or welfare of the consolidated city and that the proposed
financing complies with the purposes and provisions of this chapter,
the board shall, by resolution, approve the financing, including the
form and terms of the financing agreement, the waste disposal
development bonds, and the trust indenture, if any. The resolution of
the board shall be transmitted by the secretary of the board to the
legislative body.
(e) If the legislative body finds that the proposed financing will be
of benefit to the health or welfare of the consolidated city and
complies with the purposes and provisions of this section, it may
adopt an ordinance approving the proposed financing. The ordinance
may also authorize the issuance of waste disposal development bonds
payable solely from revenues and receipts derived from a financing
agreement or from payments made under a guaranty agreement by a
developer, user, or any other person. The waste disposal
development bonds are not in any respect a general obligation of the
consolidated city.
(f) Any financing agreement must provide for payments in an
amount not less than an amount sufficient to pay the principal of,
premium, if any, and interest on the waste disposal development
bonds authorized for the financing of the facilities. The term of any
financing agreement may not exceed forty (40) years from the date
of any waste disposal development bonds issued under the
agreement. However, a financing agreement does not terminate after
forty (40) years if a default under it remains uncured, unless the
termination is authorized by and according to the terms of the
financing agreement. If the consolidated city retains an interest in the
facilities, the financing agreement must require the user or developer
to pay all costs of maintenance, repair, taxes, assessments, insurance
premiums, trustee's fees, and any other expenses relating to the
facilities, so that the city will not incur any expenses on account of
the facilities that are not covered by the payments provided for in the
financing agreement.
(g) The consolidated city may advance all expenses, premiums,
and commissions that it considers necessary or advantageous in
connection with the issuance.
(h) The consolidated city is exempt from all property taxes on
facilities. Developers and users are liable for property taxes on
facilities as provided by law. This section does not deny any tax
exemption a developer or user may have under other laws because of
the nature of the facilities or the user.
(i) The user or developer is responsible for obtaining and
maintaining all approvals and permits required for the construction
of the facilities under this section.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-12
Refunding bonds
Sec. 12. If the legislative body finds that a refunding of
outstanding bonds would be of benefit to the health and welfare of
the consolidated city and would comply with the purposes and
provisions of this chapter, it may authorize the issuance of bonds
under IC 5-1-5 to refund outstanding bonds issued in accordance
with this chapter. A saving to the issuing body as provided in
IC 5-1-5-2 is not required for the issuance of refunding bonds.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-13
Borrowing limitations pending receipt of grant to city
Sec. 13. (a) The consolidated city, pending receipt of any grant
may, but within the limitation set forth in this section, borrow money
from any person and evidence the debt so incurred by note or notes
executed by the executive and fiscal officer of the consolidated city
and containing such terms and provisions as may be prescribed by
the board. The city may, in anticipation of the issuance of bonds
issued under section 9, 10, or 11 of this chapter, borrow money from
any person and evidence the debt so incurred by note or notes
executed by the executive and fiscal officer and containing such
terms and provisions as may be prescribed by the board.
(b) Any note or notes issued under this section or any renewal of
them must mature not more than five (5) years from the date of
issuance of the original note and must pledge for the payment of the
principal and interest the proceeds of the grant or bonds.
(c) The board shall apply the proceeds of any note or notes issued
under this section to the cost of the facility for which the grant is to
be made or bonds issued, but no purchaser of any obligations is liable
for the proper application of the proceeds.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-14
Bonds issued
Sec. 14. (a) All bonds issued under this chapter may:
(1) be issued as serial bonds or as term bonds or a combination
of both types;
(2) be executed and delivered by the consolidated city at any
time and from time to time;
(3) bear such date or dates;
(4) bear interest at such rate or rates;
(5) be redeemable before their stated maturities on such terms
and conditions and at premiums as necessary or advisable;
(6) be issued in any denomination or denominations of not less
than five thousand dollars ($5,000);
(7) be in a form, either coupon or registered or a combination of
both types;
(8) carry registration conversion privileges;
(9) be payable in a medium of payment and at a place or places,
which may be at any one (1) or more banks or trust companies
within or without Indiana;
(10) provide for the replacement of mutilated, destroyed, stolen,
or lost bonds;
(11) be authenticated in a manner and upon compliance with
conditions;
(12) establish reserves from the proceeds of the sale of bonds or
from other funds, or both, to secure the payment of the principal
and interest on the bonds issued under this chapter;
(13) establish reserves, from the proceeds of the sale of bonds
or from other funds or both, for extensions, enlargements,
additions, replacements, renovations, and improvements to or
for the facilities; and
(14) contain other terms and covenants;
all as provided in the ordinance of the legislative body or the
resolution of the board authorizing the bonds.
(b) The bonds issued under this chapter may mature at such time
or times not to exceed forty (40) years.
(c) The bonds issued under this chapter may bear either the
impressed or facsimile seal of the consolidated city and shall be
executed by the manual or facsimile signature of the city executive
and attested by the manual or facsimile signature of the city fiscal
officer, so long as one (1) of these signatures is manual.
(d) The coupons appertaining to the bonds issued under this
chapter shall be executed by the facsimile signature of the city fiscal
officer.
(e) The bonds and the interest coupons appertaining to them, if
any, issued under this chapter are valid and binding obligations of the
consolidated city for all purposes in accordance with the terms of this
chapter, notwithstanding that before delivery of them any of the
persons whose signatures appear on them have ceased to be officers
of the city, as if the persons had continued to be officers of the city
until after delivery.
(f) The bonds issued under this chapter may be sold at public or
private sale for such price or prices as may be provided in the
ordinance authorizing their issuance.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-15
Trust indenture, resolution, or ordinance; bonds issued
Sec. 15. The bonds issued under this chapter may be secured by
a trust indenture by and between the consolidated city and a
corporate trustee, which may be any national or state bank having its
principal office in Indiana and having trust powers. The trust
indenture or resolution or ordinance under which the bonds are
issued may:
(1) mortgage the land, any interest in land, or the facilities on
account of which the bonds are issued;
(2) pledge the revenues or any other funds, or any part of them,
to be received by the consolidated city;
(3) contain such provisions for protecting and enforcing the
rights and remedies of the bondholders or lenders as may be
considered reasonable, including covenants setting forth the
duties of the city and board in relation to the construction of the
facilities and the custody, safeguarding, application, and
investment of all money received or to be received by the city
on account of the facilities financed by the issuance of the
bonds;
(4) provide for the establishment of reserve funds from the bond
proceeds or from other sources to the extent authorized;
(5) set forth the rights and remedies of the bondholders and
trustee, and provisions restricting the individual right or actions
of bondholders;
(6) contain provisions regarding investment of funds, sales,
exchange or disposal of property, and manner of authorizing
and making of payments without regard to any general statute
relating to these matters;
(7) provide for the payment of the proceeds of the sale of bonds
to such trustee, officer, bank, or depository as it may determine
for their custody, and for the method of their disbursement, with
such safeguards and restrictions as it may determine;
(8) provide for the appointment of a receiver by the superior
court of the county under terms and conditions as are
considered reasonable; and
(9) contain such other provisions as the authority may consider
reasonable and proper for the security of the bondholders.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-16
Securities registration exemption
Sec. 16. Any security issued in connection with a financing under
this chapter the interest on which is excludable from adjusted gross
income tax is exempt from the registration requirements of IC 23-19
or any other securities registration law.
As added by Acts 1982, P.L.77, SEC.27. Amended by
P.L.192-2002(ss), SEC.189; P.L.27-2007, SEC.36.
IC 36-9-31-17
Tax exemption; bonds and grant and bond anticipation notes
Sec. 17. All bonds, as well as grant and bond anticipation notes,
issued under this chapter and the interest on them are exempt from
taxation in accordance with IC 6-8-5.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-18
Tax exemption; city revenues
Sec. 18. All revenues received by the consolidated city under this
chapter are exempt from all taxation.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-19
Facilities financing methods
Sec. 19. The facilities, or any part of them, to be financed under
this chapter, may be financed by any one (1) or more or any
combination of one (1) or more of the methods provided for in this
chapter.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-20
Limitation of actions; contesting bonds
Sec. 20. An action to contest the validity of the bonds or to
prevent their issuance must be brought within thirty (30) days
following the adoption of the ordinance or resolution authorizing the
bonds.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-21
Effect of chapter; issuance of bonds; acts authorized; powers
conferred
Sec. 21. This chapter constitutes full authority for the issuance of
bonds. No procedure, proceedings, publications, notices, consents,
approvals, orders, acts, or things, by a board, officer, commission,
department, agency, or instrumentality of the state is required to
issue bonds or to do any act or perform anything under this chapter
except as prescribed by this chapter. The powers conferred by this
chapter are in addition to, and not in substitution for, and the
limitations imposed by this chapter do not affect, the powers
conferred by any other statute.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-22
Exemption of facilities from public utilities regulations
Sec. 22. A facility owned, operated, or financed under this chapter
and the sale of byproducts from it are exempt from regulation under
IC 8-1-2. IC 8-1-11.1 does not apply to such a facility or its operation
or financing.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-23
Nondiscriminatory acceptance of waste; fees
Sec. 23. (a) Subject to subsection (b), any facility:
(1) owned;
(2) operated; or
(3) financed after December 2, 2008;
under this chapter shall accept waste accumulated within the waste
disposal district without discrimination as to whether or not the
waste is collected by the consolidated city. The fees made by any
such facility for any services rendered or to be rendered, either
directly or in connection with them, must be nondiscriminatory, but
they may vary based upon the volume, weight, hazardousness, or
difficulty of disposal of the waste disposed of or processed by the
facility.
(b) If a person enters into a contract with the consolidated city to
accept the consolidated city's waste at a facility, the person may not
be considered to be operating the facility for purposes of this section.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.131-2006,
SEC.13.
IC 36-9-31-24
Energy byproduct sales
Sec. 24. An energy byproduct of a facility may not be sold to a
person already being served the same type of energy by a public
utility subject to regulation by the utility regulatory commission;
however, an energy byproduct of a facility may be sold to a person
who:
(1) after the in-service date of the facility is not receiving the
same type energy from the public utility; or