CHAPTER 7. FINANCING: WASTE MANAGEMENT DISTRICT BONDS
IC 13-21-7
Chapter 7. Financing: Waste Management District Bonds
IC 13-21-7-1
Special taxing districts
Sec. 1. (a) A special taxing district is established in each solidwaste management district established under IC 13-21-3 orIC 13-9.5-2 (before its repeal) for the purpose of providing personswithin the district with solid waste management service.
(b) The special taxing district is coterminous with the territory ofthe district.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-2
Waste management district bonds; bidding requirements forfacility
Sec. 2. The board may issue waste management district bondsunder this chapter for the payment of the cost of the facility. Beforeauthorizing the waste management district bonds, the board may:
(1) accept public bids for the facility; or
(2) adopt a resolution approving a request for proposals underIC 13-21-6.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-3
Resolution to construct, modify, acquire, or maintain facility;public notice
Sec. 3. (a) When:
(1) plans and specifications have been prepared according to thepublic bidding requirements of IC 36-1-12; or
(2) a resolution approving a request for proposals has beenadopted by the board;
the board may adopt a resolution declaring that, upon investigation,the board has found it necessary for the public health and welfare,and of public utility and benefit, to construct, modify, or acquire, andmaintain if constructed the facility and to acquire the propertydescribed for that purpose.
(b) The resolution shall be kept open to inspection by all personsinterested in or affected by the acquisition of the property or theconstruction of the facility.
(c) Upon adoption of the resolution, the board shall give publicnotice of the adoption and the resolution's purpose. The notice mustname a date not later than ten (10) days after the date of the lastpublication of the notice on which the board will do the following:
(1) Receive or hear remonstrances from persons interested in oraffected by the facility.
(2) Determine the public utility and benefit of the facility.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-4 Hearing; remonstrance; final action
Sec. 4. (a) At:
(1) the time fixed for the hearing; or
(2) any time before that;
any person owning real or personal property within the district mayfile a written remonstrance with the board.
(b) At the hearing, which may be adjourned as necessary, theboard shall hear all persons interested in the proceedings and allremonstrances filed.
(c) After considering the remonstrances, the board shall:
(1) take final action determining the public utility and benefit ofthe proposed proceedings; and
(2) either:
(A) confirm;
(B) modify and confirm; or
(C) rescind;
the resolution.
(d) The final action of the board shall be recorded.
(e) The action of the board is final and conclusive upon allpersons. However, any person who:
(1) has remonstrated in writing; and
(2) is aggrieved by the decision of the board;
may take an appeal as provided in section 5 of this chapter.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-5
Appeals
Sec. 5. (a) If the board takes final action confirming the resolutionin an original or modified form, a person who has filed a writtenremonstrance with the board as provided in section 4 of this chaptermay appeal to the circuit or superior court of the county in which theperson resides.
(b) Within ten (10) days after the final action of the board, theremonstrator must file in the office of the clerk of the court thefollowing:
(1) A copy of the resolution of the board.
(2) The remonstrance.
(3) A surety bond conditioned to pay the costs of the appeal ifthe appeal is determined against the remonstrator.
(c) The only ground of remonstrance of which the court hasjurisdiction on appeal is the question of whether it will be of publicutility and benefit to construct, modify, or acquire the proposedfacility. The burden of proof is upon the remonstrator. The causeshall be summarily tried by the court without a jury.
(d) The court shall do the following:
(1) Consolidate and hear all remonstrances upon which anappeal are taken as one (1) cause of action.
(2) Hear and determine the cause within thirty (30) days afterthe time of filing the appeal.
(3) Upon the date fixed for hearing: (A) hear evidence upon the remonstrances; and
(B) confirm the final action of the board on the resolution orsustain the remonstrance.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-6
Certified copy of resolution and approval to controller
Sec. 6. On adopting a resolution ordering the issuance of wastemanagement district bonds, the board shall certify a copy of:
(1) the resolution; and
(2) the approval;
to the controller of the district, who shall prepare the bonds.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-7
Waste management district bonds not corporate obligation or unitindebtedness
Sec. 7. (a) The waste management district bonds:
(1) are special obligations of the district; and
(2) are not, in any respect, a corporate obligation orindebtedness of the units that comprise the district.
(b) The waste management district bonds issued under thischapter or IC 13-9.5-9-3 (before its repeal) and the interest on thebonds are payable out of a special tax levied upon all of the propertyof the district and any other revenues made available for that purposeunder this article. The waste management district bonds must recitethese terms on the face of the bonds together with the purpose forwhich the bonds are issued.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-8
Proceeds from sale of bonds; use of funds
Sec. 8. All proceeds from the sale of waste management districtbonds shall be kept as a separate and specific fund to pay the cost ofthe facility, and none of the proceeds may be used for any otherpurpose, except as provided in IC 5-1-13 and IC 5-1-14. However,money derived from sources other than the waste managementdistrict bond proceeds, such as state or federal grants or othercontributions, are not restricted as to application even if thecontribution arises for a project financed from waste managementdistrict bond proceeds.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-9
Special tax on real property
Sec. 9. (a) For the purpose of raising money to pay wastemanagement district bonds issued under this chapter or IC 13-9.5-9-3(before its repeal), the board shall levy each year a special tax uponall the real property of the district in the amount and the mannernecessary to meet and pay the following: (1) The principal of the waste management district bonds as thebonds severally mature.
(2) All accruing interest on the bonds.
(b) The tax constitutes the amount of benefits resulting to all ofthe property in the district.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-10
Certification of tax levy; distribution of tax
Sec. 10. (a) The tax levied each year shall be certified to thefollowing:
(1) The controller of the district.
(2) The county auditor of each county within the district.
(b) The:
(1) county auditor shall estimate and enter the tax levied andcertified upon the tax duplicate; and
(2) county treasurer shall collect and enforce the tax;
in the same manner as county taxes are estimated, entered, collected,and enforced.
(c) As the county treasurer collects the tax, the tax shall be:
(1) transferred to the controller of the district;
(2) kept in a separate fund to be known as the wastemanagement district bond fund; and
(3) applied to the payment of the principal of and interest on thewaste management district bonds as the bonds become due andto no other purpose, except as provided in IC 5-1-13 andIC 5-1-14.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-11
Factors to consider in determining amount of tax levy
Sec. 11. (a) In fixing the amount of the necessary levy, the boardshall consider:
(1) the amount of net revenues, if any, to be derived from thecollection of fees under this article; or
(2) any other net revenues collected under the following:
(A) IC 13-21-3-13.
(B) This chapter.
(C) IC 13-21-8 through IC 13-21-12.
(D) IC 13-21-14.
(b) Instead of making the levy or to reduce the amount of the levy,the board shall annually set aside by resolution the amount of the netrevenues to be collected before maturity of the principal and interestof the waste management district bonds payable in the followingyear.
(c) If the board adopts this resolution under subsection (b), theboard may not use any part of the amount set aside out of the netrevenues for any purpose other than the payment of wastemanagement district bonds and the interest on the bonds. Aproportionate payment of this amount shall be made monthly to the
fund.
As added by P.L.1-1996, SEC.11.
IC 13-21-7-12
Issuance of waste management district bonds under certaincircumstances
Sec. 12. (a) The district may not issue waste management districtbonds under this chapter that are payable by special taxation or feesunder IC 13-21-14 in a total amount, including outstanding bondsalready issued, exceeding six percent (6%) of the adjusted value oftaxable property in the district as determined under IC 36-1-15.
(b) All waste management district bonds issued in violation of thissection or IC 13-9.5-9-3(k) (before its repeal) are void.
As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.157.