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 consolidatedcity, subject to IC 36-3-4-23.
"Byproduct" means energy and materials from wastes in a formthat will allow their reuse.
"Byproduct recovery facility" means a facility for the systematicseparation and recovery of energy and recyclable material fromwaste.
"Cost" as applied to a facility, or any part of a facility, includesthe cost of construction, modification, or acquisition of the facility,or any part of it, financing charges, interest before and duringconstruction and for one (1) year after commencement of operationof the facility, cost of funding any reserves to secure the payment ofprincipal and interest on the bonds, cost of funding any operation andmaintenance reserve fund, cost of funding any major repair orreplacement fund, legal and underwriting expenses, plans,specifications, surveys, estimates of costs and revenues, otherexpenses necessary or incident to determining the feasibility orpracticability of constructing the facility, administrative expense, andsuch other expenses as may be necessary or incident to theconstruction, modification, or acquisition of the facility, thefinancing of the construction, modification, or acquisition, and theplacing of the facility in operation.
"Developer" means any person that proposes to enter into or hasentered into a financing agreement with the consolidated city forfinancing a facility and that proposes to enter into or has entered intoa separate agreement with some other person for the use andoperation 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 realor personal property that is to be used, occupied, or employed for thestorage, processing, or disposal of waste or the recovery andmarketing by any means of any byproduct, such as recycling centers,transfer stations, trucks, bailing facilities, rail haul or barge haulfacilities, processing systems, byproduct recovery facilities or otherfacilities for reducing waste volume, sanitary landfills, plants andfacilities for compacting, composting, or pyrolization of wastes,incinerators, and other waste disposal, reduction, or conversion
facilities or any combination thereof. The term excludes any energygenerating facility that does not rely on waste as its primary fuelsource and any facility regulated under IC 13-22-1 throughIC 13-22-8 and IC 13-22-13 through IC 13-22-14.
"Financing agreement" includes an agreement between theconsolidated city and a developer or between a developer or user, orboth, concerning the financing of, the title to, or possession offacilities, or both, and payments to the city in respect thereof.
"Grant" means money to be received from the federal governmentor any of its agencies, or the state or any of its agencies, intended tobe used for the construction, modification, or acquisition of wastedisposal facilities. The term also includes federal revenue-sharingmoney to which the consolidated city is entitled.
"Net revenues" means the amount of revenues received by theconsolidated city from the operation and ownership of facilities lessthe reasonable expenses of the operation, repair, and maintenance ofthese facilities.
"Processing" means an operation for the purpose of modifying thecharacteristics 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 inresponse to a request for proposals issued to the person by the board.
"Public notice" means a notice published in accordance withIC 5-3-1.
"Put or pay contract" means a contract entered into by theconsolidated city with any person whereby the city guarantees theprovision of a specified amount of waste to the person and the cityis obligated to pay the person a specified amount for waste that is notso provided.
"Request for proposals" means an invitation to submit a proposalto the consolidated city for the construction, modification,acquisition, operation, or combination of any of these, of the facilityunder section 4 of this chapter.
"Request for qualifications" means an invitation by theconsolidated city to any person to submit qualifications in order toqualify to submit a proposal.
"Revenue bonds" means bonds issued under section 10 of thischapter.
"Revenues" means the amounts received by the consolidated cityfrom the operation or ownership of facilities, including amountsreceived from the collection of fees under section 8 of this chapter,amounts received under financing agreements under section 11 ofthis chapter, tipping fees, lease rentals, and amounts received fromthe sale or other disposition of byproducts, but not including anyamounts derived from the levy of taxes.
"Service district" means the solid waste collection special servicedistrict created by IC 36-3-1-6.
"Solid waste" has the meaning set forth in IC 36-9-30-2, exceptthat the term excludes sewage and other highly diluted water-carried
materials or substances and those in gaseous forms, excludes wastewhen the waste is to be reused or reclaimed as salvage, and excludeswaste regulated under IC 13-22-1 through IC 13-22-8 andIC 13-22-13 through IC 13-22-14.
"Tipping fees" means the charge by any person for the disposal ofwaste at a facility.
"User", for purposes of section 11 of this chapter only, means aperson that has entered into a financing agreement with theconsolidated city, or with a developer, in contemplation of the user'suse and operation of the facilities referred to in the agreement.
"Waste" includes solid waste and water disposed of inconjunction with the disposal of solid waste, as well as liquid waste(consisting of sludge from air or water pollution control facilities orwater supply treatment facilities), when disposed of in conjunctionwith the disposal of solid waste.
"Waste disposal development bonds" means bonds issued undersection 11 of this chapter.
"Waste disposal district" means the waste disposal special taxingdistrict referred to in IC 36-3-1-6.
"Waste disposal district bonds" means bonds issued under section9 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 wastein the consolidated city and for the management, operation,acquisition, and financing of facilities for waste disposal, the boardmay exercise the following powers on behalf of the city, in additionto 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 inIC 32-24 within the corporate boundaries of the city; however,the power of eminent domain may not be exercised to acquirethe property of any public utility used for the production ordistribution of energy.
(3) To provide for the collection of waste accumulated withinthe service district and to provide for disposal of wasteaccumulated within the waste disposal district, includingcontracting with persons for collection, disposal, or wastestorage, and the recovery of byproducts from waste, andgranting these persons the right to collect and dispose of anysuch 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 orincidental to the collection, disposal, or recovery of byproductsfrom waste, such as put or pay contracts, contracts andagreements for the design, construction, operation, financing,
ownership, or maintenance of facilities or the processing ordisposal of waste or the sale or other disposition of anyproducts generated by a facility. Notwithstanding any otherstatute, any such contract or agreement may be for a period notto exceed forty (40) years.
(6) To enter into agreements for the leasing of facilities inaccordance with IC 36-1-10; however, any such agreementhaving an original term of five (5) or more years is subject toapproval by the department of local government finance underIC 6-3.5. Such an agreement may be executed before approval,but if the department of local government finance does notapprove the agreement, it is void.
(7) To purchase, lease, or otherwise acquire real or personalproperty.
(8) To contract for architectural, engineering, legal, or otherprofessional services.
(9) To exclusively control, within the city, the collection,transportation, storage, and disposal of waste and, subject to theprovisions of sections 6 and 8 of this chapter, to fix fees inconnection with these matters.
(10) To determine exclusively the location and character of anyfacility, subject to local zoning ordinances and environmentalmanagement 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, andinvestigations.
(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 complywith their terms.
(15) To issue from time to time waste disposal district bonds tofinance the cost of facilities as provided in section 9 of thischapter.
(16) To issue from time to time revenue bonds to finance thecost of facilities as provided in section 10 of this chapter.
(17) To issue from time to time waste disposal developmentbonds to finance the cost of facilities as provided in section 11of this chapter.
(18) To issue from time to time notes in anticipation of grantsor in anticipation of the issuance of bonds to finance the cost offacilities 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 ofoperation in connection with waste collection, waste disposal,mowing services, and animal control, subject to regular budgetand tax levy procedures. For purposes of this subdivision,"mowing services" refers only to mowing services forrights-of-way or on vacant property. (21) To levy a tax within the waste disposal district to pay costsof operation in connection with waste disposal, subject toregular budget and tax levy procedures.
(22) To borrow in anticipation of taxes.
(23) To employ staff engineers, clerks, secretaries, and otheremployees in accordance with an approved budget.
(24) To issue requests for proposals and requests forqualifications as provided in section 4 of this chapter.
(25) To require all persons located within the service district orwaste disposal district to deposit waste at sites designated bythe board.
(26) To otherwise do all things necessary for the collection anddisposal 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; negotiatedcontracts; insurance
Sec. 4. (a) Notwithstanding any statute relating to the length,duration, and terms of contracts and agreements, the board on behalfof the consolidated city may enter into any contract or agreementwith any person upon such terms and conditions as may be agreedupon, for the design, construction, operation, financing, ownership,or maintenance of a facility for waste disposal in accordance with therequirements and conditions of this section. Before or after theexpiration or termination of the term or duration of any contract oragreement entered into or granted under this section, the board, inaccordance with the requirements and conditions of this section, mayfrom time to time enter into amended, extended, supplemental, new,or further contracts or agreements with the same or any other personfor any purpose referred to in this section.
(b) Overall cost, including construction costs, tipping fees, andreductions in costs resulting from the sale of byproducts, should inall cases be a major criterion in the selection of contractors for awardof contracts under this section. The board shall consider the highlycomplex and innovative nature of byproduct recovery technology, thevariety of waste disposal technology available, the desirability offlexibility for the development of these complex facilities, and theeconomic and technical utility of contracts for byproduct recoveryprojects that include in their scope various combinations of design,construction, operations, management, or maintenanceresponsibilities over prolonged periods of time and that in someinstances it may be beneficial to the consolidated city to award acontract on the basis of factors other than cost alone, for example,facility design, system reliability, energy efficiency, compatibilitywith source separation and other recycling systems andenvironmental protection. Accordingly, and notwithstanding any
other statute, a contract entered into between the board on behalf ofthe city and any person under this section may be awarded by theboard 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 requestfor proposals prepared by or for the consolidated city in accordancewith the following provisions:
(1) All persons may be required to prequalify as a proposer bysubmitting information relating to the experience of theproposer, the basis on which the proposer purports to bequalified to carry out all work required by a proposed contract,and the financial condition of the proposer. Minimumrequirements may be set by the board as to these minimumqualifications in a request for qualifications issued before that.
(2) Before the issuance of a request for proposals under thissection, the board shall adopt a proposed request for proposalsand shall publish a public notice that may contain a request forqualifications, if a prequalification process has been adoptedunder subdivision (1), including the criteria on which proposersmay be selected. The public notice must include the intent toissue a request for proposals, and must further designate timesand places where the proposed request for proposals may beviewed by the general public. Comments may be addressed tothe scope or contents of the proposed request for proposals. Theboard shall allow not less than a thirty (30) day period for thesubmission of qualifications and comments on the proposedrequest for proposals, following which the board shall select aproposer and adopt a request for proposals. After that, the boardshall notify each proposer that is selected of the selection,inform each proposer of the date and place proposals are to besubmitted, and deliver to each proposer a copy of the requestfor proposal.
(3) Requests for proposals must include a clear identificationand specification of all elements of cost that would becomecharges to the city, in whatever form, in return for thefulfillment by the proposer of all tasks and responsibilitiesestablished by the request for proposals for the full lifetime ofa proposed contract, including such appropriate matters asproposals for project staffing, implementation of all work tasks,carrying out of all responsibility required by the proposedcontract, the cost of planning, design, construction, operation,management, or maintenance of any facility, or the cost ofprocessing or disposal of solid waste, and a clear identificationand specification of any revenues that would accrue to the cityfrom the sale of any byproducts or from any other source, andsuch other information as the board may determine to have amaterial bearing on its ability to evaluate any proposal inaccordance with this section. However, the board may prescribethe form and content of proposals and, in any event, the
proposer must submit sufficiently detailed information to permita fair and equitable evaluation by the board of the proposal. Inaddition, the board in the request for proposals may set suchmaximum allowable cost limits as it determines to beappropriate.
(4) Proposals may not be received by the board before thirty(30) days following notification to the proposers of theirselection.
(5) Proposals received under this section shall be evaluated bythe board as to net cost or revenues and, in the mannerconsistent with provisions set forth in the requests forproposals, may be evaluated on the basis of additional factorssuch as the technical evaluation of facility design, net energyefficiency, environmental protection, overall system reliability,and financial condition of the proposer.
(6) The board, on behalf of the city, may negotiate with theproposer and may make a contract award to any responsibleproposer. The board shall give public notice of a public hearing,which notice must designate the time and place of a publichearing at which hearing the board shall hear comments uponthe contract to be awarded. Following the public hearing, theboard shall make a contract award to any responsible proposerselected under this section based on a determination by theboard that the selected proposal is the most responsive to theneeds of the city. The award must be in the form of a resolutionand must include particularized findings relative to factorsevaluated under this section, indicating that the city's needs aremet by the award and that the action is in the public interest.
(d) An action to contest the validity of the contract awarded or theprocedure by which it was awarded must be brought within thirty(30) days following the award of the contract. After that date, thecontract is incontestable for any cause.
(e) Notwithstanding any other statute, any contract entered into bythe board with any person on behalf of the consolidated city for thecollection of solid waste may be awarded by negotiation or bycompetitive bids. The board shall consider the following factors inawarding 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 theproposed contractor.
(5) Any other factors related to the proposed contractor's abilityto perform under the contract.
If a contract is awarded by negotiation, the reason for usingnegotiation as the method to award the contract must be stated inwriting by the board at the time that the contract is awarded. A copyof this statement must be kept available for public inspection.
(f) The board shall award competitive bid contracts to the lowestresponsible and responsive bidder after advertising for bids.
However, if a contract is not awarded to the lowest bidder, thefactors used to justify that award must be stated in the minutes ormemoranda at the time the award is made, and a copy of the minutesor memoranda must be kept available for public inspection. Theprocedures for granting a collection contract by competitive biddingshall be prescribed in an ordinance adopted by the city-countylegislative body or, in the absence of such an ordinance, byIC 36-1-12-4.
(g) The board may contract with multiple parties for solid wastecollection and may award separate contracts for separategeographical areas within the consolidated city.
(h) This subsection applies to contracts of less than three hundredthousand dollars ($300,000) a year for the collection of solid waste.The board may require a waste collector under a contract to carryinsurance coverage in a form which protects against losses in excessof the amount covered by other liability insurance policies. Theboard may not require a waste collector to carry such umbrellainsurance coverage in excess of one million dollars ($1,000,000). Awaste collector under a contract must provide one (1) of thefollowing as determined by the board:
(1) A performance bond or an irrevocable letter of credit equalto ten percent (10%) of the annual contract price.
(2) An agreement that ten percent (10%) of the annual contractprice may be withheld by the board as security for performanceof 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 tobe 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 bythe consolidated city to the other person to the contract are requiredonly to the extent and only for the period or periods that person isable to accept and dispose of waste in accordance with the contracthad such waste been delivered to the person.
(c) A put or pay contract may be entered into by the consolidatedcity extending for a period of five (5) years or more only after apublic hearing by the board, at which all interested persons shall beheard. After the public hearing, the board may adopt a resolutionauthorizing the execution of the contract on behalf of the city if itfinds that the estimated amount of waste to be provided throughoutthe term of the contract will not be less than the specified amount ofwaste 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 notvalid unless approved by ordinance of the city-county legislativebody. Upon execution of such a contract and approval by thelegislative body, the board shall cause notice of the execution of thecontract and its approval to be given by public notice. Fifty (50) ormore taxpayers residing in the city who will be affected by thecontract and who may be of the opinion that no necessity exists forthe execution of the contract or that the payments provided for in thecontract are not fair and reasonable may file a petition in the officeof the county auditor within thirty (30) days after the publication ofthe notice of execution and approval, setting forth their names,addresses, and objections to the contract and the facts showing thatthe execution of the contract is unnecessary or unwise or that thepayments provided for in the contract are not fair and reasonable, asthe case may be. Upon the filing of the petition, the county auditorshall immediately certify a copy of it, together with such other dataas may be necessary in order to present the questions involved, to thedepartment of local government finance. Upon receipt of the certifiedpetition and information, the department of local government financeshall fix a time and place for the hearing of the matter, which mustbe not less than five (5) nor more than thirty (30) days thereafter inthe city. Notice of the hearing shall be given by the department oflocal government finance to the members of the board and to the firstfifty (50) taxpayer-petitioners upon the petition by a letter signed bythe commissioner or deputy commissioner of the department of localgovernment finance and enclosed with fully prepaid postage sent tothose persons at their usual place of residence, at least five (5) daysbefore the date of the hearing. The decision of the department oflocal government finance on the appeal, upon the necessity for theexecution of the contract, and as to whether the payments under it arefair and reasonable, is final.
(e) An action to contest the validity of the contract or to enjoin theperformance of any of its terms and conditions must be broughtwithin thirty (30) days after the publication of notice of the executionand approval of the contract, or if an appeal has been taken to thedepartment of local government finance, then within thirty (30) daysafter the decision of the department.
(f) After the consolidated city has entered into a put or paycontract under this section, the city-county legislative body shallannually levy a tax sufficient to produce each year the necessaryamount, with other amounts available, if any, that is sufficient to paythe amounts that the contract provides are to be paid from the levy oftaxes. The tax levies provided for in this chapter are reviewable byother bodies vested by law with authority to ascertain that the leviesare sufficient to raise the amount that, with other amounts available,is sufficient to meet the payments under the contract payable fromthe 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 thewaste disposal district constitute civil taxing units, and they mayimpose ad valorem property tax levies for the purpose of paying forwaste collection, or waste disposal. However, notwithstanding anyother provision of this chapter, if a property tax is levied for wastecollection, a user fee may not also be charged for waste collection oranimal 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 providingpersons 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 anddisposal. The board shall establish fees for waste disposal whennecessary to pay principal or interest on any bonds issued undersection 10 of this chapter. Fees established under this subsectionshall apply to all persons owning real property benefited by wastecollection, a facility for waste disposal, or both. The board maychange and readjust fees from time to time.
(b) The board may fix the fees for waste collection on the basis ofa schedule of charges for each classification of residence or buildingin use in the solid waste collection service district, and may fix thefees for waste disposal on the basis of a schedule of charges for eachclassification of residence or building in use in the waste disposaldistrict. These classifications of residences and buildings shall bebased 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 thewaste received; or
(4) any combination of these criteria or any other criteria theboard determines to be logically related to the service.
(c) The collection of the fees authorized by this section may beeffectuated through a periodic billing system or through a chargeappearing on the semiannual property tax statement of the affectedproperty owner.
(d) If the fees are not paid when due (by the affected propertyowner), a lien is created upon the property benefited by the collectionand disposal of waste. When the property is sold at a tax sale underthe procedures provided by statute, the amount of the purchase priceattributable 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 offurnishing the services included within this chapter to various classesof owners of property, the distance of the property benefited from thefacility, or any other variations the board determines to be logicallyrelated to the cost of the service.
(f) Fees shall be established only after a public hearing before theboard at which all persons using facilities or owning propertybenefited by waste collection and disposal, and others interested,have had opportunity to be heard by the board concerning theproposed fees. After adoption of the resolution fixing fees and beforethe resolution takes effect, public notice of the hearing, setting forththe schedule of fees, shall be given. The hearing may be adjournedfrom time to time. After the hearing, the resolution establishing fees,either as originally passed or as amended, shall be passed and putinto effect. A copy of the schedule of fees so established shall bekept on file in the office of the board and shall be kept open toinspection by all persons interested. The fees established shall beextended to cover any additional territory later served that fallswithin the same class, without the necessity of any hearing or notice.Any change or readjustment of fees may be made in the same manneras they were originally established.
(g) An action to contest the validity of the fees adopted or theprocedure 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 withany other revenues, to pay the cost of facilities for waste disposal,waste collection, the operation and maintenance of facilities, costincurred under put or pay contracts, charges that may be pledged tothe payment of principal of and interest on waste disposal district orrevenue bonds, or amounts required by put or pay contracts.
(i) Before any fee established by the board for waste collection ordisposal may take effect, the city-county legislative body must byordinance 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 orproposals; resolution; waste disposal district bond fund
Sec. 9. (a) The waste disposal district constitutes a special taxingdistrict for the purpose of levying a special benefit tax for thepurpose of providing the disposal of waste and the recovery ofbyproducts from waste.
(b) Whenever, upon investigation, the board determines that afacility or facilities for waste disposal is necessary for the publichealth and welfare, and that the construction, modification, oracquisition of the facility or facilities will be of public utility andbenefit, the board may, upon approval of the city-county legislativebody, issue waste disposal district bonds under this section for thepayment of the cost of the facility. (c) Before authorizing the waste disposal district bonds the boardmay either accept public bids for the facility or adopt a resolutionapproving a request for proposals all as provided in section 4 of thischapter.
(d) When plans and specifications have been prepared accordingto the public bidding requirements of IC 36-1-12, or a resolutionadopted by the board approving a request for proposals, the boardshall adopt a resolution declaring that, upon investigation, it has beenfound that it is necessary for the public health and welfare and willbe of public utility and benefit to construct, modify, or acquire (andmaintain where constructed) the facility or facilities and to acquirethe property described for that purpose. The resolution shall be keptopen to inspection by all persons interested in or affected by theacquisition of the property or the construction of the facility. Uponadoption of the resolution, the board shall give public notice of theadoption and its purpose, which notice must name a date not lessthan ten (10) days after the date of the last publication on which theboard will receive or hear remonstrances from persons interested inor affected by the facility or facilities and will determine their publicutility 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 wastedisposal district may file a written remonstrance with the board. Atthe hearing, which may be adjourned from time to time, the boardshall hear all persons interested in the proceedings and allremonstrances filed. After considering the remonstrances, the boardshall take final action determining the public utility and benefit of theproposed proceedings and confirm, modify and confirm, or rescindthe resolution, which final action shall be duly recorded. This actionis final and conclusive upon all persons, except that any person whohas remonstrated in writing and who is aggrieved by the decision ofthe board may take an appeal as provided in subsection (f).
(f) Any person who has filed a written remonstrance with theboard as provided in subsection (e), in case the board takes finalaction 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 mustfile in the office of the clerk of the court a copy of the resolution ofthe board and his remonstrance, together with a surety bondconditioned to pay the costs of the appeal should the appeal bedetermined against him. The only ground of remonstrance of whichthe court has jurisdiction on appeal is the question of whether it willbe of public utility and benefit to construct, modify, or acquire theproposed facility, and the burden of proof is upon the remonstrator.The cause shall be summarily tried by the court without a jury. Allremonstrances upon which an appeal are taken shall be consolidatedand heard as one (1) cause of action by the court, and the cause shallbe heard and determined by the court within thirty (30) days after thetime of filing the appeal. Upon the date fixed for hearing, the courtshall hear evidence upon the remonstrances and shall confirm the
final action of the board on the resolution or sustain theremonstrance.
(g) Upon final action of the board, or court, confirming theresolution in its original or any modified form, all real or personalproperty located within the waste disposal district is subject to aspecial tax for the purpose of providing money to pay all or a part ofthe total cost of the acquisition, modification, or construction of thefacility, which special tax is declared to constitute the amount ofbenefits 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 wastedisposal district bonds in the name of the consolidated city inaccordance with IC 36-3-5-8.
(i) On adopting a resolution ordering the issuance of wastedisposal district bonds, the board, with legislative body approval,shall then certify a copy of the resolution and a copy of the approvalto the fiscal officer of the consolidated city, who shall then preparethe bonds.
(j) The waste disposal district bonds are not, in any respect, acorporate obligation or indebtedness of the consolidated city, butconstitute an indebtedness of the waste disposal district. The wastedisposal district bonds, and interest on them, issued under thissection are payable out of a special tax levied upon all of theproperty of the waste disposal district and any other revenues madeavailable for that purpose under this chapter. The waste disposaldistrict bonds must so recite these terms upon their face, togetherwith the purpose for which they are issued.
(k) All proceeds from the sale of waste disposal district bondsshall be kept as a separate and specific fund, to pay the cost of thefacility, and no part of the proceeds may be used for any otherpurpose. Any surplus remaining out of the proceeds of the wastedisposal district bonds, after all of the cost is fully paid, shall be paidinto and becomes a part of the waste disposal district bond fund;however, money derived from sources other than the waste disposaldistrict bond proceeds, such as state or federal grants or othercontributions, are not so restricted as to application regardless ofwhether the contribution arises for a project financed from wastedisposal district bond proceeds.
(l) For the purpose of raising money to pay the waste disposaldistrict bonds issued under this section, the city-county legislativebody shall levy each year a special tax upon all the property of thewaste disposal district in such amount and manner as to meet and paythe principal of the waste disposal district bonds as they severallymature, together with all accruing interest on them. The tax so leviedeach year shall be certified to the fiscal officers of the consolidatedcity and the county. The tax so levied and certified shall be estimatedand entered upon the tax duplicate by the county auditor and shall becollected and enforced by the county treasurer in the same manner ascounty taxes are estimated, entered, collected and enforced. As the
tax is collected by the county treasurer, it shall be accumulated andkept in a separate fund to be known as the waste disposal districtbond fund, and shall be applied to the payment of the principal ofand interest on the waste disposal district bonds as they become dueand to no other purpose. In fixing the amount of the necessary levythe legislative body shall consider the amount of net revenues, if any,to be derived from the collection of fees under section 8 of thischapter or any other net revenues collected under this chapter abovethe amount of revenues necessary to be applied upon or reserved byor for the city for the operation, maintenance, and administrativeexpenses of the facilities. The board shall annually, in lieu of makingthe levy or to reduce the amount of the levy, set aside by resolutionthe amount of the net revenues to be collected before maturity of theprincipal and interest of the waste disposal district bonds payable inthe following calendar year. If the board adopts this resolution, thenit is unlawful for the board to use any part of the amount so set asideout of the net revenues for any purpose other than the payment ofwaste disposal district bonds and the interest on them. Aproportionate payment of this amount shall be made to the wastedisposal district bond fund monthly.
(m) The board may not issue waste disposal district bonds underthis section, payable by special taxation for that purpose in a totalamount, including outstanding bonds already issued, in an amountexceeding six percent (6%) of the total adjusted value of taxableproperty in the district as determined under IC 36-1-15. All wastedisposal 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-countylegislative body that it finance the cost of facilities for waste disposalby borrowing money and issuing revenue bonds from time to timeunder this section.
(b) The issuance of revenue bonds must be authorized byordinance of the legislative body.
(c) The revenue bonds are special obligations of the consolidatedcity and are payable solely from and secured by a lien upon therevenues of all or part of the facilities whether or not the facilities arebeing financed with revenue bonds under this section, as shall bemore fully described in the ordinance authorizing the issuance of therevenue bonds. The ordinance may pledge and assign for the securityof the revenue bonds all or part of the revenues or net revenues of thefacilities.
(d) The revenue bonds, and interest on them, are not a debt of theconsolidated city or the board, nor a charge, lien, or encumbrance,legal or equitable, upon property of the board or the city, or upon therevenues of the board other than those revenues of the facilities thathave 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 itspayment, and that neither the board nor the city is under anyobligation to pay it, except from those revenues.
(e) In order that the payment of the revenue bonds and the intereston them be adequately secured, the consolidated city and its officers,agents, and employees shall provide for such covenants and do suchother acts and things that may be necessary, convenient, or desirablein order to secure the revenue bonds or that may tend to make therevenue 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 disposaldevelopment bonds; financing agreements; advancement of bondexpenses; exemption from property taxes on facilities; approvalsand permits
Sec. 11. (a) The consolidated city may, upon request of the board:
(1) enter into agreements concerning, and acquire by any lawfulmeans, real property or interests in real and personal propertyneeded for the purposes of this section;
(2) enter into financing agreements to purchase, lease as lessee,construct, remodel, rebuild, enlarge, or substantially improvefacilities for waste disposal;
(3) lease facilities to users or developers with or without anoption to purchase;
(4) sell facilities to users or developers for consideration, whichmay be paid in installments or otherwise;
(5) make direct loans to users or developers for the cost ofacquisition, construction, or installation of facilities, includingland, machinery, or equipment, in which event the bonds shallbe secured by the pledge of one (1) or more bonds or othersecured or unsecured debt obligations of the users ordevelopers;
(6) enter into agreements with users or developers to allow theusers or developers to wholly or partially acquire, construct, ormodify facilities to be acquired by the city; and
(7) issue waste disposal development bonds under this sectionto accomplish the purposes of this section and to securepayment of the bonds as provided in this section.
(b) This section does not authorize the financing of facilities fora developer unless any agreement that may exist between a developerand a user is fully disclosed to, and approved by, the board.
(c) The board may, from time to time, enter into negotiations withany one (1) or more persons concerning the terms and conditions offinancing facilities. Preliminary expenses in connection withnegotiations may be paid from money furnished by the proposed useror developer, or from grant money, or from funds of the board.
(d) The board shall hold a public hearing on the proposedfinancing of the facilities after giving public notice. Upon findings
by the board that the proposed financing will be of benefit to thehealth or welfare of the consolidated city and that the proposedfinancing complies with the purposes and provisions of this chapter,the board shall, by resolution, approve the financing, including theform and terms of the financing agreement, the waste disposaldevelopment bonds, and the trust indenture, if any. The resolution ofthe board shall be transmitted by the secretary of the board to thelegislative body.
(e) If the legislative body finds that the proposed financing will beof benefit to the health or welfare of the consolidated city andcomplies with the purposes and provisions of this section, it mayadopt an ordinance approving the proposed financing. The ordinancemay also authorize the issuance of waste disposal development bondspayable solely from revenues and receipts derived from a financingagreement or from payments made under a guaranty agreement by adeveloper, user, or any other person. The waste disposaldevelopment bonds are not in any respect a general obligation of theconsolidated city.
(f) Any financing agreement must provide for payments in anamount not less than an amount sufficient to pay the principal of,premium, if any, and interest on the waste disposal developmentbonds authorized for the financing of the facilities. The term of anyfinancing agreement may not exceed forty (40) years from the dateof any waste disposal development bonds issued under theagreement. However, a financing agreement does not terminate afterforty (40) years if a default under it remains uncured, unless thetermination is authorized by and according to the terms of thefinancing agreement. If the consolidated city retains an interest in thefacilities, the financing agreement must require the user or developerto pay all costs of maintenance, repair, taxes, assessments, insurancepremiums, trustee's fees, and any other expenses relating to thefacilities, so that the city will not incur any expenses on account ofthe facilities that are not covered by the payments provided for in thefinancing agreement.
(g) The consolidated city may advance all expenses, premiums,and commissions that it considers necessary or advantageous inconnection with the issuance.
(h) The consolidated city is exempt from all property taxes onfacilities. Developers and users are liable for property taxes onfacilities as provided by law. This section does not deny any taxexemption a developer or user may have under other laws because ofthe nature of the facilities or the user.
(i) The user or developer is responsible for obtaining andmaintaining all approvals and permits required for the constructionof 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 ofthe consolidated city and would comply with the purposes andprovisions of this chapter, it may authorize the issuance of bondsunder IC 5-1-5 to refund outstanding bonds issued in accordancewith this chapter. A saving to the issuing body as provided inIC 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 grantmay, but within the limitation set forth in this section, borrow moneyfrom any person and evidence the debt so incurred by note or notesexecuted by the executive and fiscal officer of the consolidated cityand containing such terms and provisions as may be prescribed bythe board. The city may, in anticipation of the issuance of bondsissued under section 9, 10, or 11 of this chapter, borrow money fromany person and evidence the debt so incurred by note or notesexecuted by the executive and fiscal officer and containing suchterms and provisions as may be prescribed by the board.
(b) Any note or notes issued under this section or any renewal ofthem must mature not more than five (5) years from the date ofissuance of the original note and must pledge for the payment of theprincipal and interest the proceeds of the grant or bonds.
(c) The board shall apply the proceeds of any note or notes issuedunder this section to the cost of the facility for which the grant is tobe made or bonds issued, but no purchaser of any obligations is liablefor 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 combinationof both types;
(2) be executed and delivered by the consolidated city at anytime 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 termsand conditions and at premiums as necessary or advisable;
(6) be issued in any denomination or denominations of not lessthan five thousand dollars ($5,000);
(7) be in a form, either coupon or registered or a combination ofboth 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 companieswithin or without Indiana;
(10) provide for the replacement of mutilated, destroyed, stolen,
or lost bonds;
(11) be authenticated in a manner and upon compliance withconditions;
(12) establish reserves from the proceeds of the sale of bonds orfrom other funds, or both, to secure the payment of the principaland interest on the bonds issued under this chapter;
(13) establish reserves, from the proceeds of the sale of bondsor from other funds or both, for extensions, enlargements,additions, replacements, renovations, and improvements to orfor the facilities; and
(14) contain other terms and covenants;
all as provided in the ordinance of the legislative body or theresolution of the board authorizing the bonds.
(b) The bonds issued under this chapter may mature at such timeor times not to exceed forty (40) years.
(c) The bonds issued under this chapter may bear either theimpressed or facsimile seal of the consolidated city and shall beexecuted by the manual or facsimile signature of the city executiveand attested by the manual or facsimile signature of the city fiscalofficer, so long as one (1) of these signatures is manual.
(d) The coupons appertaining to the bonds issued under thischapter shall be executed by the facsimile signature of the city fiscalofficer.
(e) The bonds and the interest coupons appertaining to them, ifany, issued under this chapter are valid and binding obligations of theconsolidated city for all purposes in accordance with the terms of thischapter, notwithstanding that before delivery of them any of thepersons whose signatures appear on them have ceased to be officersof the city, as if the persons had continued to be officers of the cityuntil after delivery.
(f) The bonds issued under this chapter may be sold at public orprivate sale for such price or prices as may be provided in theordinance 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 bya trust indenture by and between the consolidated city and acorporate trustee, which may be any national or state bank having itsprincipal office in Indiana and having trust powers. The trustindenture or resolution or ordinance under which the bonds areissued may:
(1) mortgage the land, any interest in land, or the facilities onaccount 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 therights and remedies of the bondholders or lenders as may beconsidered reasonable, including covenants setting forth the
duties of the city and board in relation to the construction of thefacilities and the custody, safeguarding, application, andinvestment of all money received or to be received by the cityon account of the facilities financed by the issuance of thebonds;
(4) provide for the establishment of reserve funds from the bondproceeds or from other sources to the extent authorized;
(5) set forth the rights and remedies of the bondholders andtrustee, and provisions restricting the individual right or actionsof bondholders;
(6) contain provisions regarding investment of funds, sales,exchange or disposal of property, and manner of authorizingand making of payments without regard to any general statuterelating to these matters;
(7) provide for the payment of the proceeds of the sale of bondsto such trustee, officer, bank, or depository as it may determinefor their custody, and for the method of their disbursement, withsuch safeguards and restrictions as it may determine;
(8) provide for the appointment of a receiver by the superiorcourt of the county under terms and conditions as areconsidered reasonable; and
(9) contain such other provisions as the authority may considerreasonable 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 underthis chapter the interest on which is excludable from adjusted grossincome tax is exempt from the registration requirements of IC 23-19or any other securities registration law.
As added by Acts 1982, P.L.77, SEC.27. Amended byP.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 fromtaxation 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 thischapter 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 anycombination of one (1) or more of the methods provided for in thischapter.
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 toprevent their issuance must be brought within thirty (30) daysfollowing the adoption of the ordinance or resolution authorizing thebonds.
As added by Acts 1982, P.L.77, SEC.27.
IC 36-9-31-21
Effect of chapter; issuance of bonds; acts authorized; powersconferred
Sec. 21. This chapter constitutes full authority for the issuance ofbonds. 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 toissue bonds or to do any act or perform anything under this chapterexcept as prescribed by this chapter. The powers conferred by thischapter are in addition to, and not in substitution for, and thelimitations imposed by this chapter do not affect, the powersconferred 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 chapterand the sale of byproducts from it are exempt from regulation underIC 8-1-2. IC 8-1-11.1 does not apply to such a facility or its operationor 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 wastedisposal district without discrimination as to whether or not thewaste is collected by the consolidated city. The fees made by anysuch facility for any services rendered or to be rendered, eitherdirectly or in connection with them, must be nondiscriminatory, butthey may vary based upon the volume, weight, hazardousness, ordifficulty of disposal of the waste disposed of or processed by thefacility.
(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 notbe 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 aperson already being served the same type of energy by a publicutility subject to regulation by the utility regulatory commission;however, an energy byproduct of a facility may be sold to a personwho:
(1) after the in-service date of the facility is not receiving thesame type energy from the public utility; or