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 solid
waste management district established under IC 13-21-3 or
IC 13-9.5-2 (before its repeal) for the purpose of providing persons
within the district with solid waste management service.
(b) The special taxing district is coterminous with the territory of
the district. As added by P.L.1-1996, SEC.11.
IC 13-21-7-2 Waste management district bonds; bidding requirements for
facility
Sec. 2. The board may issue waste management district bonds
under this chapter for the payment of the cost of the facility. Before
authorizing 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 under
IC 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 the
public bidding requirements of IC 36-1-12; or
(2) a resolution approving a request for proposals has been
adopted 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, and
maintain if constructed the facility and to acquire the property
described for that purpose.
(b) 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.
(c) Upon adoption of the resolution, the board shall give public
notice of the adoption and the resolution's purpose. The notice must
name a date not later than ten (10) days after the date of the last
publication of the notice on which the board will do the following:
(1) Receive or hear remonstrances from persons interested in or
affected 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 may
file a written remonstrance with the board.
(b) At the hearing, which may be adjourned as necessary, the
board shall hear all persons interested in the proceedings and all
remonstrances filed.
(c) After considering the remonstrances, the board shall:
(1) take final action determining the public utility and benefit of
the 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 all
persons. 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 resolution
in an original or modified form, a person who has filed a written
remonstrance with the board as provided in section 4 of this chapter
may appeal to the circuit or superior court of the county in which the
person resides.
(b) Within ten (10) days after the final action of the board, the
remonstrator must file in the office of the clerk of the court the
following:
(1) A copy of the resolution of the board.
(2) The remonstrance.
(3) A surety bond conditioned to pay the costs of the appeal if
the appeal is determined against the remonstrator.
(c) 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. The burden of proof is upon the remonstrator. The cause
shall be summarily tried by the court without a jury.
(d) The court shall do the following:
(1) Consolidate and hear all remonstrances upon which an
appeal are taken as one (1) cause of action.
(2) Hear and determine the cause within thirty (30) days after
the 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 or
sustain 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 waste
management 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 unit
indebtedness
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 or
indebtedness of the units that comprise the district.
(b) The waste management district bonds issued under this
chapter or IC 13-9.5-9-3 (before its repeal) and the interest on the
bonds are payable out of a special tax levied upon all of the property
of the district and any other revenues made available for that purpose
under this article. The waste management district bonds must recite
these terms on the face of the bonds together with the purpose for
which 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 district
bonds shall be kept as a separate and specific fund to pay the cost of
the facility, and none of the proceeds may be used for any other
purpose, except as provided in IC 5-1-13 and IC 5-1-14. However,
money derived from sources other than the waste management
district bond proceeds, such as state or federal grants or other
contributions, are not restricted as to application even if the
contribution arises for a project financed from waste management
district 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 waste
management 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 upon
all the real property of the district in the amount and the manner
necessary to meet and pay the following:
(1) The principal of the waste management district bonds as the
bonds severally mature.
(2) All accruing interest on the bonds.
(b) The tax constitutes the amount of benefits resulting to all of
the 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 the
following:
(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 and
certified 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 waste
management district bond fund; and
(3) applied to the payment of the principal of and interest on the
waste management district bonds as the bonds become due and
to no other purpose, except as provided in IC 5-1-13 and
IC 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 board
shall consider:
(1) the amount of net revenues, if any, to be derived from the
collection 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 net
revenues to be collected before maturity of the principal and interest
of the waste management district bonds payable in the following
year.
(c) If the board adopts this resolution under subsection (b), the
board may not use any part of the amount set aside out of the net
revenues for any purpose other than the payment of waste
management district bonds and the interest on the bonds. A
proportionate 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 certain
circumstances
Sec. 12. (a) The district may not issue waste management district
bonds under this chapter that are payable by special taxation or fees
under IC 13-21-14 in a total amount, including outstanding bonds
already issued, exceeding six percent (6%) of the adjusted value of
taxable property in the district as determined under IC 36-1-15.
(b) All waste management district bonds issued in violation of this
section 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.
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 solid
waste management district established under IC 13-21-3 or
IC 13-9.5-2 (before its repeal) for the purpose of providing persons
within the district with solid waste management service.
(b) The special taxing district is coterminous with the territory of
the district. As added by P.L.1-1996, SEC.11.
IC 13-21-7-2 Waste management district bonds; bidding requirements for
facility
Sec. 2. The board may issue waste management district bonds
under this chapter for the payment of the cost of the facility. Before
authorizing 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 under
IC 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 the
public bidding requirements of IC 36-1-12; or
(2) a resolution approving a request for proposals has been
adopted 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, and
maintain if constructed the facility and to acquire the property
described for that purpose.
(b) 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.
(c) Upon adoption of the resolution, the board shall give public
notice of the adoption and the resolution's purpose. The notice must
name a date not later than ten (10) days after the date of the last
publication of the notice on which the board will do the following:
(1) Receive or hear remonstrances from persons interested in or
affected 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 may
file a written remonstrance with the board.
(b) At the hearing, which may be adjourned as necessary, the
board shall hear all persons interested in the proceedings and all
remonstrances filed.
(c) After considering the remonstrances, the board shall:
(1) take final action determining the public utility and benefit of
the 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 all
persons. 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 resolution
in an original or modified form, a person who has filed a written
remonstrance with the board as provided in section 4 of this chapter
may appeal to the circuit or superior court of the county in which the
person resides.
(b) Within ten (10) days after the final action of the board, the
remonstrator must file in the office of the clerk of the court the
following:
(1) A copy of the resolution of the board.
(2) The remonstrance.
(3) A surety bond conditioned to pay the costs of the appeal if
the appeal is determined against the remonstrator.
(c) 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. The burden of proof is upon the remonstrator. The cause
shall be summarily tried by the court without a jury.
(d) The court shall do the following:
(1) Consolidate and hear all remonstrances upon which an
appeal are taken as one (1) cause of action.
(2) Hear and determine the cause within thirty (30) days after
the 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 or
sustain 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 waste
management 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 unit
indebtedness
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 or
indebtedness of the units that comprise the district.
(b) The waste management district bonds issued under this
chapter or IC 13-9.5-9-3 (before its repeal) and the interest on the
bonds are payable out of a special tax levied upon all of the property
of the district and any other revenues made available for that purpose
under this article. The waste management district bonds must recite
these terms on the face of the bonds together with the purpose for
which 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 district
bonds shall be kept as a separate and specific fund to pay the cost of
the facility, and none of the proceeds may be used for any other
purpose, except as provided in IC 5-1-13 and IC 5-1-14. However,
money derived from sources other than the waste management
district bond proceeds, such as state or federal grants or other
contributions, are not restricted as to application even if the
contribution arises for a project financed from waste management
district 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 waste
management 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 upon
all the real property of the district in the amount and the manner
necessary to meet and pay the following:
(1) The principal of the waste management district bonds as the
bonds severally mature.
(2) All accruing interest on the bonds.
(b) The tax constitutes the amount of benefits resulting to all of
the 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 the
following:
(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 and
certified 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 waste
management district bond fund; and
(3) applied to the payment of the principal of and interest on the
waste management district bonds as the bonds become due and
to no other purpose, except as provided in IC 5-1-13 and
IC 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 board
shall consider:
(1) the amount of net revenues, if any, to be derived from the
collection 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 net
revenues to be collected before maturity of the principal and interest
of the waste management district bonds payable in the following
year.
(c) If the board adopts this resolution under subsection (b), the
board may not use any part of the amount set aside out of the net
revenues for any purpose other than the payment of waste
management district bonds and the interest on the bonds. A
proportionate 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 certain
circumstances
Sec. 12. (a) The district may not issue waste management district
bonds under this chapter that are payable by special taxation or fees
under IC 13-21-14 in a total amount, including outstanding bonds
already issued, exceeding six percent (6%) of the adjusted value of
taxable property in the district as determined under IC 36-1-15.
(b) All waste management district bonds issued in violation of this
section 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.
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 solid
waste management district established under IC 13-21-3 or
IC 13-9.5-2 (before its repeal) for the purpose of providing persons
within the district with solid waste management service.
(b) The special taxing district is coterminous with the territory of
the district. As added by P.L.1-1996, SEC.11.
IC 13-21-7-2 Waste management district bonds; bidding requirements for
facility
Sec. 2. The board may issue waste management district bonds
under this chapter for the payment of the cost of the facility. Before
authorizing 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 under
IC 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 the
public bidding requirements of IC 36-1-12; or
(2) a resolution approving a request for proposals has been
adopted 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, and
maintain if constructed the facility and to acquire the property
described for that purpose.
(b) 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.
(c) Upon adoption of the resolution, the board shall give public
notice of the adoption and the resolution's purpose. The notice must
name a date not later than ten (10) days after the date of the last
publication of the notice on which the board will do the following:
(1) Receive or hear remonstrances from persons interested in or
affected 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 may
file a written remonstrance with the board.
(b) At the hearing, which may be adjourned as necessary, the
board shall hear all persons interested in the proceedings and all
remonstrances filed.
(c) After considering the remonstrances, the board shall:
(1) take final action determining the public utility and benefit of
the 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 all
persons. 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 resolution
in an original or modified form, a person who has filed a written
remonstrance with the board as provided in section 4 of this chapter
may appeal to the circuit or superior court of the county in which the
person resides.
(b) Within ten (10) days after the final action of the board, the
remonstrator must file in the office of the clerk of the court the
following:
(1) A copy of the resolution of the board.
(2) The remonstrance.
(3) A surety bond conditioned to pay the costs of the appeal if
the appeal is determined against the remonstrator.
(c) 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. The burden of proof is upon the remonstrator. The cause
shall be summarily tried by the court without a jury.
(d) The court shall do the following:
(1) Consolidate and hear all remonstrances upon which an
appeal are taken as one (1) cause of action.
(2) Hear and determine the cause within thirty (30) days after
the 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 or
sustain 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 waste
management 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 unit
indebtedness
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 or
indebtedness of the units that comprise the district.
(b) The waste management district bonds issued under this
chapter or IC 13-9.5-9-3 (before its repeal) and the interest on the
bonds are payable out of a special tax levied upon all of the property
of the district and any other revenues made available for that purpose
under this article. The waste management district bonds must recite
these terms on the face of the bonds together with the purpose for
which 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 district
bonds shall be kept as a separate and specific fund to pay the cost of
the facility, and none of the proceeds may be used for any other
purpose, except as provided in IC 5-1-13 and IC 5-1-14. However,
money derived from sources other than the waste management
district bond proceeds, such as state or federal grants or other
contributions, are not restricted as to application even if the
contribution arises for a project financed from waste management
district 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 waste
management 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 upon
all the real property of the district in the amount and the manner
necessary to meet and pay the following:
(1) The principal of the waste management district bonds as the
bonds severally mature.
(2) All accruing interest on the bonds.
(b) The tax constitutes the amount of benefits resulting to all of
the 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 the
following:
(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 and
certified 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 waste
management district bond fund; and
(3) applied to the payment of the principal of and interest on the
waste management district bonds as the bonds become due and
to no other purpose, except as provided in IC 5-1-13 and
IC 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 board
shall consider:
(1) the amount of net revenues, if any, to be derived from the
collection 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 net
revenues to be collected before maturity of the principal and interest
of the waste management district bonds payable in the following
year.
(c) If the board adopts this resolution under subsection (b), the
board may not use any part of the amount set aside out of the net
revenues for any purpose other than the payment of waste
management district bonds and the interest on the bonds. A
proportionate 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 certain
circumstances
Sec. 12. (a) The district may not issue waste management district
bonds under this chapter that are payable by special taxation or fees
under IC 13-21-14 in a total amount, including outstanding bonds
already issued, exceeding six percent (6%) of the adjusted value of
taxable property in the district as determined under IC 36-1-15.
(b) All waste management district bonds issued in violation of this
section 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.
