reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-35. Methods of Disposal; Necessity of Compliance With Laws and Rules; Operation of Nuisance Inimical to Human Health; Class C Infraction; Injunctive or Mandatory Relief

Sec. 35. (a) Solid waste may be disposed of on land only through use of sanitary landfills, incineration, composting, garbage grinding, or other acceptable methods approved by the department of environmental management in accordance with rules adopted by the environmental rules board. A person may not operate or maintain an open dump.
(b) A person may not operate or maintain facilities for the collection and disposal of solid waste, except as set out in section 4 of this chapter or under rules adopted by the environmental rules board.
(c) Failure to comply with this section constitutes the operation of a nuisance inimical to human health. A prosecuting attorney who receives a report of such a failure from the department of environmental management, a solid waste management district, or a local health officer shall cause appropriate court proceedings to be instituted.
(d) A person who fails to comply with this section commits a Class C infraction. If the violation is of a continuing nature, each day of failure to comply constitutes a separate infraction.
(e) The department of environmental management may bring proceedings for injunctive or mandatory relief through the attorney general against any person (including any agency of the state or federal government) for failure to comply with this section.
[Pre-Local Government Recodification Citation: 19-2-1-31.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.206; P.L.33-1992, SEC.22; P.L.113-2014, SEC.129.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-6. Taxing Units; Ad Valorem Tax Levies; User Fee

Sec. 6. The service district and the waste disposal district may impose ad valorem property tax levies for the purpose of paying for waste collection, or waste disposal. However, notwithstanding any other provision of this chapter, if a property tax is levied for waste collection, a user fee may not also be charged for waste collection or animal control.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.73-1983, SEC.22; P.L.38-1984, SEC.6; P.L.85-1995, SEC.43; P.L.197-2016, SEC.152.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-10. Revenue Bonds of Consolidated City

Sec. 10. (a) The board may recommend to the city-county legislative body that it finance the cost of facilities for waste disposal by borrowing money and issuing revenue bonds from time to time under this section.
(b) The issuance of revenue bonds must be authorized by ordinance of the legislative body.
(c) The revenue bonds are special obligations of the consolidated city and are payable solely from and secured by a lien upon the revenues of all or part of the facilities whether or not the facilities are being financed with revenue bonds under this section, as shall be more fully described in the ordinance authorizing the issuance of the revenue bonds. The ordinance may pledge and assign for the security of the revenue bonds all or part of the revenues or net revenues of the facilities.
(d) The revenue bonds, and interest on them, are not a debt of the consolidated city or the board, nor a charge, lien, or encumbrance, legal or equitable, upon property of the board or the city, or upon the revenues of the board other than those revenues of the facilities that have been pledged to the payment of the revenue bonds. Every revenue bond must recite in substance that the revenue bond, including interest, is payable solely from the revenues pledged to its payment, and that neither the board nor the city is under any obligation to pay it, except from those revenues.
(e) In order that the payment of the revenue bonds and the interest on them be adequately secured, the consolidated city and its officers, agents, and employees shall provide for such covenants and do such other acts and things that may be necessary, convenient, or desirable in order to secure the revenue bonds or that may tend to make the revenue bonds more marketable.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-12. Refunding Bonds

Sec. 12. If the legislative body finds that a refunding of outstanding bonds would be of benefit to the health and welfare of the consolidated city and would comply with the purposes and provisions of this chapter, it may authorize the issuance of bonds under IC 5-1-5 to refund outstanding bonds issued in accordance with this chapter. A saving to the issuing body as provided in IC 5-1-5-2 is not required for the issuance of refunding bonds.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-13. Borrowing Limitations Pending Receipt of Grant to City

Sec. 13. (a) The consolidated city, pending receipt of any grant may, but within the limitation set forth in this section, borrow money from any person and evidence the debt so incurred by note or notes executed by the executive and fiscal officer of the consolidated city and containing such terms and provisions as may be prescribed by the board. The city may, in anticipation of the issuance of bonds issued under section 9, 10, or 11 of this chapter, borrow money from any person and evidence the debt so incurred by note or notes executed by the executive and fiscal officer and containing such terms and provisions as may be prescribed by the board.
(b) Any note or notes issued under this section or any renewal of them must mature not more than five (5) years from the date of issuance of the original note and must pledge for the payment of the principal and interest the proceeds of the grant or bonds.
(c) The board shall apply the proceeds of any note or notes issued under this section to the cost of the facility for which the grant is to be made or bonds issued, but no purchaser of any obligations is liable for the proper application of the proceeds.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-14. Bonds Issued

Sec. 14. (a) All bonds issued under this chapter may:
(1) be issued as serial bonds or as term bonds or a combination of both types;
(2) be executed and delivered by the consolidated city at any time and from time to time;
(3) bear such date or dates;
(4) bear interest at such rate or rates;
(5) be redeemable before their stated maturities on such terms and conditions and at premiums as necessary or advisable;
(6) be issued in any denomination or denominations of not less than five thousand dollars ($5,000);
(7) be in a form, either coupon or registered or a combination of both types;
(8) carry registration conversion privileges;
(9) be payable in a medium of payment and at a place or places, which may be at any one (1) or more banks or trust companies within or without Indiana;
(10) provide for the replacement of mutilated, destroyed, stolen, or lost bonds;
(11) be authenticated in a manner and upon compliance with conditions;
(12) establish reserves from the proceeds of the sale of bonds or from other funds, or both, to secure the payment of the principal and interest on the bonds issued under this chapter;
(13) establish reserves, from the proceeds of the sale of bonds or from other funds or both, for extensions, enlargements, additions, replacements, renovations, and improvements to or for the facilities; and
(14) contain other terms and covenants;
all as provided in the ordinance of the legislative body or the resolution of the board authorizing the bonds.
(b) The bonds issued under this chapter may mature at such time or times not to exceed forty (40) years.
(c) The bonds issued under this chapter may bear either the impressed or facsimile seal of the consolidated city and shall be executed by the manual or facsimile signature of the city executive and attested by the manual or facsimile signature of the city fiscal officer, so long as one (1) of these signatures is manual.
(d) The coupons appertaining to the bonds issued under this chapter shall be executed by the facsimile signature of the city fiscal officer.
(e) The bonds and the interest coupons appertaining to them, if any, issued under this chapter are valid and binding obligations of the consolidated city for all purposes in accordance with the terms of this chapter, notwithstanding that before delivery of them any of the persons whose signatures appear on them have ceased to be officers of the city, as if the persons had continued to be officers of the city until after delivery.
(f) The bonds issued under this chapter may be sold at public or private sale for such price or prices as may be provided in the ordinance authorizing their issuance.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-15. Trust Indenture, Resolution, or Ordinance; Bonds Issued

Sec. 15. The bonds issued under this chapter may be secured by a trust indenture by and between the consolidated city and a corporate trustee, which may be any national or state bank having its principal office in Indiana and having trust powers. The trust indenture or resolution or ordinance under which the bonds are issued may:
(1) mortgage the land, any interest in land, or the facilities on account of which the bonds are issued;
(2) pledge the revenues or any other funds, or any part of them, to be received by the consolidated city;
(3) contain such provisions for protecting and enforcing the rights and remedies of the bondholders or lenders as may be considered reasonable, including covenants setting forth the duties of the city and board in relation to the construction of the facilities and the custody, safeguarding, application, and investment of all money received or to be received by the city on account of the facilities financed by the issuance of the bonds;
(4) provide for the establishment of reserve funds from the bond proceeds or from other sources to the extent authorized;
(5) set forth the rights and remedies of the bondholders and trustee, and provisions restricting the individual right or actions of bondholders;
(6) contain provisions regarding investment of funds, sales, exchange or disposal of property, and manner of authorizing and making of payments without regard to any general statute relating to these matters;
(7) provide for the payment of the proceeds of the sale of bonds to such trustee, officer, bank, or depository as it may determine for their custody, and for the method of their disbursement, with such safeguards and restrictions as it may determine;
(8) provide for the appointment of a receiver by the superior court of the county under terms and conditions as are considered reasonable; and
(9) contain such other provisions as the authority may consider reasonable and proper for the security of the bondholders.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-16. Securities Registration Exemption

Sec. 16. Any security issued in connection with a financing under this chapter the interest on which is excludable from adjusted gross income tax is exempt from the registration requirements of IC 23-19 or any other securities registration law.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.192-2002(ss), SEC.189; P.L.27-2007, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-17. Tax Exemption; Bonds and Grant and Bond Anticipation Notes

Sec. 17. All bonds, as well as grant and bond anticipation notes, issued under this chapter and the interest on them are exempt from taxation in accordance with IC 6-8-5.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-19. Facilities Financing Methods

Sec. 19. The facilities, or any part of them, to be financed under this chapter, may be financed by any one (1) or more or any combination of one (1) or more of the methods provided for in this chapter.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-20. Limitation of Actions; Contesting Bonds

Sec. 20. An action to contest the validity of the bonds or to prevent their issuance must be brought within thirty (30) days following the adoption of the ordinance or resolution authorizing the bonds.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-21. Effect of Chapter; Issuance of Bonds; Acts Authorized; Powers Conferred

Sec. 21. This chapter constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things, by a board, officer, commission, department, agency, or instrumentality of the state is required to issue bonds or to do any act or perform anything under this chapter except as prescribed by this chapter. The powers conferred by this chapter are in addition to, and not in substitution for, and the limitations imposed by this chapter do not affect, the powers conferred by any other statute.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-22. Exemption of Facilities From Public Utilities Regulations

Sec. 22. A facility owned, operated, or financed under this chapter and the sale of byproducts from it are exempt from regulation under IC 8-1-2. IC 8-1-11.1 does not apply to such a facility or its operation or financing.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-23. Nondiscriminatory Acceptance of Waste; Fees

Sec. 23. (a) Subject to subsection (b), any facility:
(1) owned;
(2) operated; or
(3) financed after December 2, 2008;
under this chapter shall accept waste accumulated within the waste disposal district without discrimination as to whether or not the waste is collected by the consolidated city. The fees made by any such facility for any services rendered or to be rendered, either directly or in connection with them, must be nondiscriminatory, but they may vary based upon the volume, weight, hazardousness, or difficulty of disposal of the waste disposed of or processed by the facility.
(b) If a person enters into a contract with the consolidated city to accept the consolidated city's waste at a facility, the person may not be considered to be operating the facility for purposes of this section.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.131-2006, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-24. Energy Byproduct Sales

Sec. 24. An energy byproduct of a facility may not be sold to a person already being served the same type of energy by a public utility subject to regulation by the utility regulatory commission; however, an energy byproduct of a facility may be sold to a person who:
(1) after the in-service date of the facility is not receiving the same type energy from the public utility; or
(2) constructs a new facility that is not served the same type energy by the public utility.
In the case of a new facility that is not served the same type energy by the public utility, the energy byproduct must first be offered to the public utility upon the same terms and conditions agreed to in good faith, by the person who constructs the new facility. If the public utility fails to accept, in writing, the purchase of the energy byproduct upon those terms and conditions within forty-five (45) days after the date the offer is made to the public utility, then the energy byproduct may be sold directly to the person by the facility.
As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.23-1988, SEC.130.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-25. Effect of Chapter; Compliance With Other Laws

Sec. 25. This chapter is supplemental to all other statutes covering the acquisition, construction, modification, use, and maintenance of facilities for waste disposal by a consolidated city. As to facilities acquired, constructed, modified, operated, or leased under this chapter, and the collection of wastes under this chapter, it is not necessary to comply with other statutes concerning the acquisition, construction, modification, use, and maintenance of facilities or the collection of waste by cities, except as specifically required by this chapter.
As added by Acts 1982, P.L.77, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 31. Collection and Disposal of Waste in Indianapolis › 36-9-31-26. Repealed

As added by P.L.231-1991, SEC.2. Amended by P.L.1-1996, SEC.97; P.L.1-2002, SEC.162. Repealed by P.L.2-2005, SEC.131.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-2. Legislative Findings and Declaration

Sec. 2. It is found and declared that municipalities in Indiana have a need to finance public improvements to provide for industrial and commercial growth and for general public use. Therefore, the general assembly finds it necessary and proper to provide an alternative method for municipalities to finance public improvements, to provide for industrial and commercial growth, to provide employment opportunities, diversification of industry and commerce, and to provide general public access to those public improvements. It is declared that the financing of public improvements for use by the general public, including industrial and commercial enterprises, is a public purpose.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-3. Definitions

Sec. 3. As used in this chapter:
"Public improvements" means:
(1) any improvement, as defined in this article;
(2) any improvement, including the construction, equipping, remodeling, extension, repair, and betterment of any municipally owned utility, as defined in IC 8-1-2-1; or
(3) any acquisition or improvement of real estate upon which such an improvement is to be located or that will itself constitute a public improvement.
"System" means any sewage works or municipally owned utility, as defined in IC 8-1-2-1.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-4. Loan Agreements; Loan of Grant Proceeds; Pledge of Revenues to Secure Bonds

Sec. 4. A municipality may enter into a loan agreement with any person and loan the proceeds of any grant received by the municipality to that person with the repayment of the loan to be secured by the pledge of a note or other secured or unsecured debt obligation of that person. The municipality may pledge the revenues from the note or other secured or unsecured debt obligation of that person or of any entity organized for economic development purposes to the payment of bonds issued under this chapter. In no event may a municipality pledge revenues other than from the sources authorized in this chapter as security for the bonds issued under this chapter. A municipality may not issue bonds under this chapter if principal and interest payments on those bonds would exceed revenues to be derived by the municipality from the notes or other secured or unsecured debt obligations of any person that has entered into a loan agreement with the municipality under this chapter, or from other sources of principal and interest payments under this chapter. Any municipality may issue bonds under this chapter whether the revenues pledged to secure the bonds are to be derived from a loan agreement entered into before or after March 1, 1984. The validity of any bonds issued under this chapter is not dependent on or affected by the validity of the loan agreement at the time it was executed and delivered. All loan agreements between municipalities and persons borrowing grant proceeds entered into before March 1, 1984, are fully legalized and declared valid.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-5. Public Improvements Connected to an Existing System; Payment of Bonds; Letting of Contracts; Ownership or Operation of Improvements

Sec. 5. (a) If a public improvement financed under this chapter is connected to a system, the public improvement becomes a part of the existing system. Any person entering into a loan agreement with a municipality under this chapter shall pay rates and charges or fees for the use of that system in the same manner any other member of the general public is required to pay such rates and charges or fees. The municipality may not establish rates and charges or fees for the use of that system that include a revenue requirement for payment of principal and interest on bonds issued under this chapter. Bonds issued under this chapter are payable solely from revenues derived from notes or other secured or unsecured obligations of any person entering into a loan agreement with a municipality under this chapter, or from other sources of principal and interest payments under this chapter, and not from revenues of the system.
(b) Contracts for public improvements under this chapter shall be let in accordance with statutes relating to public works and public purchases.
(c) Public improvements may be financed under this chapter even if the municipality building or acquiring those improvements will not own or operate those improvements, so long as the public improvements will be owned or operated by a political subdivision.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-6. Ordinances Approving Issuance of Bonds

Sec. 6. If the legislative body finds that the issuance of bonds under this chapter will be of benefit to the health or welfare of the municipality and serves the public purpose set forth in section 2 of this chapter, it may adopt an ordinance approving the issuance of bonds under this chapter. The municipality may publish a notice of a hearing regarding the public purpose of the issuance of the bonds and any other matter and, if the notice is published, it shall be published in accordance with IC 5-3-1.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-8. Trust Indentures to Secure Bonds

Sec. 8. The legislative body may secure bonds issued under this chapter by a trust indenture between the municipality and a corporate trustee. The corporate trustee may be any trust company, national bank, or state bank that is in Indiana and has trust powers. A trust indenture entered into under this section may contain any provisions agreed upon by the municipality and the trustee that are not inconsistent with this chapter.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-9. Enforcement by Owner of Bonds or Trustee

Sec. 9. Any owner of bonds issued under this chapter, and the trustee under any trust agreement entered into under this chapter, except to the extent that the trustee's rights are restricted by the trust agreement, may:
(1) either at law or in equity, by suit, action, or other proceeding, protect and enforce any and all rights of such owner of bonds or trustee under state law, or, to the extent permitted by law, under the trust agreement, or under any loan agreement entered into under this chapter; and
(2) enforce and compel the performance of all duties required by this chapter or by any trust agreement or loan agreement entered into under this chapter to be performed by any municipality or by any officer of any municipality.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-10. Impairment of Rights and Remedies of Owners of Bonds

Sec. 10. The state covenants and agrees with the owners of any bonds issued under this chapter that so long as any bonds of a municipality issued under this chapter are outstanding or unpaid, the state will not in any way impair the rights and remedies of the owners of the bonds, until the bonds, together with interest on them, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the owners, are fully paid, met, and discharged.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 32. Financing of Public Improvements in Municipalities › 36-9-32-11. Liability for Property and Special Taxing District Taxes

Sec. 11. Any person entering into a loan agreement with a municipality under this chapter is liable for property taxes, and special taxing district taxes for any public improvements, if special benefits are provided to that person together with other persons residing in the special taxing district. This section does not deny any tax exemption that such a person may have under other statutes because of the nature of that person's property or that person.
As added by P.L.23-1984, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 33. Collection and Disposal of Waste Generally › 36-9-33-1. Application of Chapter

Sec. 1. This chapter applies to all units (except townships and counties having a consolidated city) that adopt ordinances under section 3 of this chapter after March 31, 1987.
As added by P.L.353-1985, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 33. Collection and Disposal of Waste Generally › 36-9-33-2. "Solid Waste" Defined

Sec. 2. As used in this chapter, "solid waste" has the meaning set forth in IC 36-9-30-2, except that the term does not include the following:
(1) Sludge, sewage, and other highly diluted water-carried materials or substances and those in gaseous forms.
(2) Metal, glass, paper, paperboard, or corrugated material that is stored, collected, or recovered for recycling.
(3) Waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.
(4) Waste generated by any person that disposes of the person's own waste in:
(A) a fully permitted sanitary landfill owned or leased by the person; or
(B) a resource recovery facility owned by the person;
at the date of adoption of the ordinance by the unit.
(5) Waste generated by any agricultural activity.
(6) Waste generated by a new manufacturing or a commercial enterprise or by the expansion of an existing manufacturing or commercial enterprise.
(7) Other waste described in an ordinance adopted by the unit's legislative body.
As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 33. Collection and Disposal of Waste Generally › 36-9-33-3. Power to Provide for Collection and Disposal of Solid Waste

Sec. 3. A unit may by ordinance provide for and exclusively control the collection and disposal of solid waste under this chapter within the unit. However, a unit may exercise this power only upon the completion of construction or the acquisition of a facility for the processing or disposal of solid waste by incineration or similar methods.
As added by P.L.353-1985, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 33. Collection and Disposal of Waste Generally › 36-9-33-4. Territorial Limitations for Municipalities

Sec. 4. (a) A municipality may not exercise a power granted by this chapter inside the boundaries of another municipality without the consent of that municipality's legislative body.
(b) A municipality may not exercise a power granted by this chapter in unincorporated territory without the consent of the executive of the county in which that territory is located.
As added by P.L.353-1985, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 33. Collection and Disposal of Waste Generally › 36-9-33-5. Territorial Limitation for Counties

Sec. 5. A county may not exercise a power granted by this chapter inside the boundaries of any municipality in that county without the consent of that municipality's legislative body.
As added by P.L.353-1985, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 33. Collection and Disposal of Waste Generally › 36-9-33-6. Joint Exercise of Power

Sec. 6. Notwithstanding sections 3 and 4 of this chapter, units may jointly exercise a power granted by this chapter in the manner provided by IC 36-1-7.
As added by P.L.353-1985, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 35. Water Departments in Certain Cities › 36-9-35-1. Application of Chapter

Sec. 1. This chapter applies to each city in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), in which the legislative body has, by ordinance, established a water department as a municipal utility or a department of waterworks.
As added by P.L.320-1989, SEC.3. Amended by P.L.12-1992, SEC.189; P.L.11-2023, SEC.131.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 35. Water Departments in Certain Cities › 36-9-35-2. Boards of Trustees; Political Affiliation of Appointees

Sec. 2. Notwithstanding IC 36-1-8-10, whenever the city's ordinance establishing a water department requires that an appointment to the board of trustees of the water department be conditioned upon the political affiliation of the appointee, or that the membership of the board not exceed a stated number of members from the same political party, at the time of an appointment the appointee must:
(1) have voted in the two (2) most recent primary elections held by the party with which the appointee claims affiliation; or
(2) if the appointee did not vote in the two (2) most recent primary elections or only voted in one (1) of those elections, be certified as a member of the party with which the appointee claims affiliation by that party's county chair for the county in which the appointee resides.
As added by P.L.320-1989, SEC.3. Amended by P.L.127-2017, SEC.375.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 35. Water Departments in Certain Cities › 36-9-35-3. Boards of Trustees; Vacancies

Sec. 3. Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, if a vacancy occurs on the board of trustees, the vacancy must be filled within thirty (30) days after the vacancy occurs.
As added by P.L.320-1989, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 35. Water Departments in Certain Cities › 36-9-35-4. Boards of Trustees; Removal From Office; Appeals

Sec. 4. (a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, a board member may not be removed from office except upon charges preferred before the city executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The board member must be given at least ten (10) days notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The city executive shall prepare written findings and file them with the city clerk.
(b) If the charges are sustained and the board member removed, the board member may appeal the findings within ten (10) days after the date they are filed with the clerk to the circuit or superior court of the county in which the city is located. The board member must file the appeal against the executive stating the charges preferred and the findings made. The court shall hear the appeal de novo without a jury within thirty (30) days after the appeal is filed and shall either ratify or reverse the findings of the executive. The judgment of the court is final and an appeal may not be taken.
As added by P.L.320-1989, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-2. Authorized Improvements

Sec. 2. (a) The following improvements may be made under this chapter by a county:
(1) Sanitary sewers and sanitary sewer tap-ins.
(2) Sidewalks.
(3) Curbs.
(4) Streets.
(5) Storm sewers.
(6) Lighting.
(7) Emergency warning systems.
(8) Any other structures necessary or useful for the collection, treatment, purification, and sanitary disposal of the liquid waste, sewage, storm drainage, and other drainage of a municipality.
(b) The following improvements may be made under this chapter by a municipality:
(1) Sidewalks.
(2) Curbs.
(3) Streets.
(4) Alleys.
(5) Paved public places.
(6) Lighting.
(7) A water main extension for a municipality that owns and operates a water utility.
(8) Emergency warning systems.
As added by P.L.98-1993, SEC.7. Amended by P.L.31-2004, SEC.1; P.L.42-2006, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-3. Limitations on Authorized Improvements; Location of Improvement; Water Main Extensions

Sec. 3. (a) The following apply to improvements made under this chapter by a county:
(1) An improvement may be made only in unincorporated areas that contain residential or business buildings.
(2) An improvement may not be made on a tract of land that:
(A) consists of at least ten (10) acres and contains only one (1) building that is used for residential purposes; or
(B) is used solely for agricultural purposes.
(b) A water main extension made under this chapter by a municipality may be made only within the corporate boundaries of the municipality.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-4. Preliminary Resolutions; Cross-Sections, Plans, and Specifications

Sec. 4. (a) If the works board of a unit wants to make an improvement under this chapter, the works board must first do the following:
(1) Adopt a preliminary resolution for the improvement.
(2) Adopt and place on file cross-sections, general plans, and specifications for the work at the time the preliminary resolution is adopted.
(b) This subsection does not apply to a county. The cross-sections, plans, and specifications filed under subsection (a) must conform to any paving standards adopted by the works board, unless engineering practice justifies a different design.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-5. Estimate of Costs; Incidental, Inspection, and Engineering Costs

Sec. 5. (a) If an improvement is to be paid for in whole or in part by special assessments levied against the property to be benefited by the improvement, the works board must adopt and file an estimate of the cost of the public improvement.
(b) The estimate may include all incidental, inspection, and engineering costs caused by the proposed improvement. However, the estimate of the costs to be paid by special assessment may not include the following:
(1) Salaries and expenses of the necessary and regularly employed personnel of the engineering department of the unit.
(2) Ordinary operating costs of the department.
(c) If the works board finds that it is necessary to employ additional engineering services for a particular improvement, the cost of the additional service actually performed in connection with the improvement may be included in the estimate.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-6. Incidental, Inspection, and Engineering Costs; Inclusion on Assessment Roll

Sec. 6. (a) The incidental, inspection, and engineering costs that are authorized by the preliminary resolution and included in the estimate may be added to the cost of an improvement and included in the assessment roll in the aggregate amount to be apportioned and assessed against the benefited property.
(b) The amount of incidental, inspection, and engineering costs included in the assessment roll may not exceed the amount of the incidental, inspection, and engineering costs included in the estimate.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-7. Incidental, Inspection, and Engineering Costs; Inclusion in Contracts; Subrogation Rights of Contractor

Sec. 7. The following applies if the preliminary resolution provides for the inclusion and assessment of incidental, inspection, and engineering costs:
(1) The works board shall include in a contract for an improvement a provision that requires all incidental, inspection, and engineering costs to be advanced and paid by the contract or to the board, upon the final acceptance of the improvement, for payment by the board to persons entitled to the incidental, inspection, and engineering costs.
(2) The contractor is then subrogated to all rights of the unit and those persons to all the incidental, inspection, and engineering costs subsequently included in and assessed upon the assessment roll.
(3) The costs belong to the contractor as a part of the assessments.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-8. Notice of Hearing on Preliminary Resolution; Publication; Mailing to Property Owners

Sec. 8. (a) Notice of a hearing on the preliminary resolution shall be published in accordance with IC 5-3-1. The notice must state that the works board has adopted the preliminary resolution and the time and place at which the works board will do the following:
(1) Hear all interested persons.
(2) Decide whether the benefits to the property liable to be assessed for the improvement will equal the estimated cost of the improvement.
(b) A notice containing the information required under subsection (a) shall be sent to each property owner affected by the proposed improvement. The mailing of the notice complies with this subsection if the mailing is to owners as the owners appear in the records of the assessor of the county in which the property is located.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-9. Estimate of Maximum Cost

Sec. 9. (a) At least ten (10) days before the date fixed for a hearing under section 8 of this chapter, the engineer of the unit shall file with the works board an estimate of the maximum cost of the improvement proposed by the works board.
(b) The estimate must include the following:
(1) The cost of the guarantee under section 25 of this chapter.
(2) The cost of the maintenance of the improvements for at least three (3) years.
(c) A unit may not enter into a contract under the preliminary resolution if the contract exceeds the engineer's estimate filed under subsection (a).
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-9.5. Assessments; Installment Payments

Sec. 9.5. (a) With respect to assessments imposed after June 30, 2001, the works board shall establish a procedure to permit owners of real property in the unit to elect whether to pay assessments in:
(1) ten (10), twenty (20), or thirty (30) annual installments; or
(2) a number of monthly installments that corresponds to ten (10), twenty (20), or thirty (30) annual installments.
(b) The works board shall establish the timing of the election under subsection (a) to permit the works board to structure the maturities of the principal of the bonds in a number of annual series that is consistent with the installment periods elected by owners of real property under subsection (a).
(c) A person who elects to pay the person's assessment in installments under this section must, when directed by the works board, enter into a written agreement stating that in consideration of that privilege the person:
(1) will not make an objection to an illegality or irregularity regarding the assessment against the person's property; and
(2) will pay the assessment as required by law with specified interest.
(d) The agreement under subsection (c) shall be filed in the office of the disbursing officer.
(e) The interest rate specified for the installments of the assessment may be equal to or greater than the interest rate on bonds issued under section 44 of this chapter.
(f) An assessment of less than one hundred dollars ($100) may not be paid in installments.
As added by P.L.62-2001, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-10. Hearing on Preliminary Resolution; Determination of Special Benefits Accruing to Property

Sec. 10. (a) At the hearing specified in the notice under section 8 of this chapter, the works board shall do the following:
(1) Hear interested persons.
(2) Decide whether the benefits that will accrue to the property liable to be assessed for the improvement will equal the maximum estimated cost of the improvement.
(b) If the works board finds that the benefits will not equal the maximum estimated cost of the improvement, the board shall determine the aggregate amount of special benefits that will accrue to the property liable to be assessed for the improvement.
(c) Except as provided in sections 13 and 14 of this chapter, the works board's determination concerning the aggregate amount of special benefits that will accrue to the property liable to be assessed for the improvement is final and conclusive.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-11. Levy of Special Assessments; Improvement Cost as Maximum Amount of Assessment; Improvement Cost Payable by Unit

Sec. 11. (a) The works board shall levy special assessments for the amount determined under section 10 of this chapter if:
(1) the contract for the improvement is executed; and
(2) the improvement is made.
(b) The special assessments levied under this section may not exceed the cost of the improvement.
(c) If the amount determined under section 10 of this chapter is less than the contract price, the remainder of the cost of the improvement is payable by the unit.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-12. Allowances Against Assessment and Contract Price

Sec. 12. (a) The works board shall make an allowance to the owner of any property if:
(1) an improvement exists in front of the property before the improvement is ordered; and
(2) the improvement conforms to the general plan.
(b) An allowance under subsection (a) shall be made from the owner's assessment and from the total amount of the contract price.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-13. Confirmation, Modification, or Rescission of Preliminary Resolution

Sec. 13. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for the improvement, the works board may do any of the following:
(1) Confirm the preliminary resolution.
(2) Modify the preliminary resolution.
(3) Rescind the preliminary resolution.
(b) Except as provided in section 14 of this chapter, the preliminary resolution is final and conclusive on all parties if:
(1) the preliminary resolution is modified or confirmed under this section; and
(2) the improvement is ordered.
As added by P.L.98-1993, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 36. Barrett Law Funding for Counties and Municipalities › 36-9-36-14. Remonstrances and Appeals

Sec. 14. (a) A majority of the persons who own the property to be assessed for the improvement may remonstrate against the improvement or take an appeal. The remonstrance or appeal must be made not later than ten (10) days after the hearing under section 10 of this chapter.
(b) If there is a remonstrance, the improvement may not be made unless specifically ordered by an ordinance passed by a two-thirds (2/3) vote of the unit's legislative body. An ordinance under this subsection must be passed not later than sixty (60) days after the remonstrance is made.
As added by P.L.98-1993, SEC.7.