reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29. Flood Control Districts in Certain Cities › 36-9-29-38. Required Proceedings and Notices Under This Chapter

Sec. 38. Only the proceedings and notices prescribed by this chapter are required for acts performed under this chapter, notwithstanding any other statute to the contrary.
[Pre-Local Government Recodification Citation: 19-4-18-21 part.]
As added by Acts 1981, P.L.309, SEC.105.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-2. "Board"

Sec. 2. As used in this chapter, "board" refers to the board of public works of the consolidated city, subject to IC 36-3-4-23.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-3. Special Taxing District

Sec. 3. The flood control district referred to in IC 36-3-1-6 constitutes a special taxing district for the purpose of protecting the county and its residents from floods and flood hazards.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-5. Adoption of Resolution

Sec. 5. Whenever the board determines that it is necessary for the general welfare, safety, or security of the flood control district to undertake and carry out any project to protect the district and its residents from floods or flood hazards, the board shall adopt a resolution declaring this necessity and its purpose to proceed with the project.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-6. Adoption of General Plans and Specifications

Sec. 6. (a) The board, as a part of the resolution, shall adopt the general plans then proposed for the entire project, including a plat showing the general scope of it and the location and bounds of all real property then considered necessary to be acquired or removed, or that would be injuriously affected, in connection with the project. It shall also determine the estimated cost of all the work, including the estimated damages to be awarded to the owners of the real and personal property. An appraisal is not required for those estimates.
(b) The adoption or filing of any specifications covering all or parts of the project and details of other matters is optional with the board, and it may also receive and file alternate plans and specifications, submitted by any person for all or any parts of the project. The board may, at the final hearing, adopt all or any of these materials in place of the board's plans and specifications.
As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-7. Filing and Notice; Resolution, Plans, and Specifications

Sec. 7. (a) The resolutions and plans, plat, descriptions, and estimates and specifications, if any, shall be filed and opened to inspection by the public at the board's office.
(b) The board shall then give notice in accordance with IC 5-3-1 of the adoption and general purport of the resolution and of the fact that the resolution, plans, plat, descriptions, and estimates and specifications, if any, have been prepared, are on file in the office of the board, and can be inspected. The notice must name a date on which the board will receive and hear objections from any person interested in or who will be affected by the resolution.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-8. Hearing and Final Decision Concerning Project

Sec. 8. (a) At or before the time fixed for the hearing, any person interested in or who will be affected by the proposed project may file with the board a written remonstrance against the proposed project, in whole or in part.
(b) At the hearing, which may be adjourned from time to time, the board shall hear all persons who are interested in the proceedings and shall finally determine whether or not the proposed project, in whole or in part, is necessary for the general welfare, safety, and security of the flood control district, in order to provide flood prevention and control. The board may then confirm, modify and confirm as modified, or rescind the resolution.
(c) The final decision shall be entered in the records of the board and is final, binding, and conclusive upon all persons.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-9. Special Tax on Property Within Flood Control District

Sec. 9. Upon final action of the board confirming the resolution in its original or any modified form, all property, real and personal, located within the flood control district is subject to a special tax for the purpose of providing money to pay the total cost of the construction of the project or projects, and of acquiring all necessary lands or rights-of-way, as described and provided in the resolution, including all necessary incidental expenses. This special tax is declared to constitute the amount of benefits resulting to all the property from the proceedings and shall be levied as provided in this chapter.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-10. Condemnation Proceedings

Sec. 10. If the board has finally confirmed any resolution for all or any part of any project of flood prevention and control, and any property is required to be condemned, appropriated, or purchased, or is damaged or injuriously affected by the carrying out of the flood prevention project and work, the board shall proceed with reference to this property and awards of damages in all respects, whenever necessary, in accordance with IC 32-24. Any part of the appropriation proceedings as to any property may be included in either the original resolution or any subsequent resolutions.
As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.2-2002, SEC.126.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-11. Award of Contract for Project

Sec. 11. If the board finally confirms the resolution, it shall then proceed to award a contract for the project in accordance with IC 36-1-12.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-13. Fund for Deposit of Bond Proceeds

Sec. 13. (a) All proceeds from the sale of bonds under section 12 of this chapter shall be kept as a separate and specific fund, to pay the cost of land, rights-of-way, and other property acquired and of construction of the work under the resolution, and all costs and expenses incurred in connection with these things, and no part of the proceeds may be used for any other purpose.
(b) The fund shall be deposited at interest with the depository or depositories of other public funds in the consolidated city, and all interest collected on it belongs to the fund.
(c) Any surplus remaining out of the proceeds of the bonds, after all of the costs and expenses are fully paid, shall be paid into and becomes a part of the flood control district bond fund.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-14. Tax Levy; Flood Control District Bond Fund

Sec. 14. (a) For the purpose of raising money to pay all bonds issued under section 12 of this chapter and the interest on them, the city-county legislative body shall levy each year a special tax upon all the property of the flood control district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest. The tax so levied each year shall be certified to the fiscal officers of the consolidated city and the county before August 2 in each year.
(b) The tax levied and certified shall be estimated and entered upon the tax duplicate by the county auditor, and shall be collected and enforced by the county treasurer, in the same manner as state and county taxes are estimated, entered, collected, and enforced. As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the "flood control district bond fund," and shall be applied to the payment of the flood control district bonds and interest as they severally mature and to no other purpose. All accumulations before their use for the payment of bonds and interest shall be deposited, at interest, with the depository or depositories of other funds in the consolidated city, and all interest collected on them belongs to the fund.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-16. Payments for Property or Work; Damages Assessed; Title Vested in Consolidated City

Sec. 16. (a) From the separate and specific fund derived from sale of the bonds as provided in this chapter, and from no other source, the board shall pay to the parties entitled to it the amounts respectively due them for any lands, rights-of-way, or other property taken or purchased, or for work done by contract or otherwise.
(b) In case the lands, rights-of-way, or other property is secured by purchase or contract, the payment shall be made according to the terms of the contract. In case of any such property taken by condemnation as provided in this chapter, the amount of damages assessed shall be paid or tendered as provided in this chapter, within ninety (90) days after the final determination of the condemnation proceedings, or as soon after that as the fund arising from the bonds is available. The title to the lands, rights-of-way, or other property, or that part so paid for or otherwise acquired then becomes vested in the consolidated city, in the manner, to the extent, for the purpose, and subject to the limitations provided in this chapter.
(c) The board shall order payments from the fund to be made to contractors in accordance with IC 36-1-12.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-17. Filing and Recording; Description of Land and Statement of Purpose

Sec. 17. Within sixty (60) days after any land or right in it is paid for and acquired under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated, a description sufficiently accurate for its identification, with a statement of the purpose for which it is acquired or taken, which shall be signed by a majority of the board.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 29.1. Flood Control District in Marion County › 36-9-29.1-18. Expending Funds Raised Under Chapter; Appropriation

Sec. 18. No part of any of the funds raised under this chapter may be expended except upon warrants drawn by the fiscal officer of the consolidated city, upon vouchers of the board. No appropriation in any form is necessary, but all funds arising under this chapter are considered appropriated to the respective purposes named in this chapter, and are under the control of the board, which has complete and exclusive authority to expend these funds for these purposes.
As added by Acts 1982, P.L.77, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units except townships.
(b) Section 5.3 of this chapter applies only to:
(1) cities that are not consolidated cities; and
(2) towns.
[Pre-Local Government Recodification Citations: 19-2-1-1; 19-2-1-3 part; 19-2-6-1 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.37-2022, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-2. Definitions

Sec. 2. As used in this chapter:
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.
"Solid waste disposal facility" means a sanitary landfill, an incinerator, a composting facility, a garbage grinding facility, or any other facility that is suitable for solid waste disposal and is constructed and approved under this chapter.
[Pre-Local Government Recodification Citation: 19-2-1-2 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-3. Facilities for Collection and Disposal; Revenue Bonds to Pay Costs

Sec. 3. A unit may establish, acquire, construct, install, operate, and maintain facilities for the collection and disposal of solid waste in order to secure the collection and disposal of solid waste accumulated inside or outside the corporate boundaries of the unit. The unit may issue revenue bonds to pay all or part of the costs of the facilities.
[Pre-Local Government Recodification Citation: 19-2-1-3 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-4. Methods for Disposal

Sec. 4. A unit acting under this chapter must obtain approval from the department of environmental management, according to rules adopted by the environmental rules board, for any method or methods used for the disposal of solid waste before obtaining land or facilities. One (1) or more of the methods listed below may be used:
(1) A unit may use a sanitary landfill. If a sanitary landfill is to be used, information necessary to evaluate the project shall be submitted to the department of environmental management for review and approval before the purchase of land or equipment.
(2) A unit may use incineration. If incineration is to be used, the plans and specifications of each incinerating plant or other facility, along with other information necessary to evaluate the project, shall be submitted to the department of environmental management for review and approval before construction of the facilities. The plans must include an approved method for the disposal of noncombustible solid waste and incinerator residue.
(3) A unit may use composting. If composting is to be used, the plans and specifications of composting facilities, along with other information necessary to evaluate the project, shall be submitted to the department of environmental management for review and approval before construction of the facilities. The plans must provide for the proper disposal of all solid waste that is not suitable for composting.
(4) A unit may use a garbage grinding system involving the separate collection and disposal of garbage into a community sewerage system through commercial-type grinders or community-wide installation of individual grinders. As used in this subdivision, "garbage" means all decayable solid and semisolid wastes resulting from the processing, preparation, cooking, serving, or consumption of food or food materials. The plans and specifications for the garbage grinding facilities, along with other information necessary to evaluate the project, shall be submitted to the department of environmental management for review and approval before construction or installation of the facilities. The plans must provide for the proper disposal of all solid waste that is not suitable for grinding.
(5) A unit may use any other suitable methods or facilities for the disposal of solid waste, if the plans and specifications, along with other information necessary to evaluate the project, are submitted to the department of environmental management for review and approval before the acquisition, construction, installation, or operation of the method or facility.
[Pre-Local Government Recodification Citations: 18-1-18-1; 19-2-1-2 part; 19-2-1-3 part; 19-2-6-1 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.203; P.L.113-2014, SEC.127.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-5. Contracts for Collection or Disposal; Requirements

Sec. 5. (a) A unit may contract with persons for the collection or disposal of solid waste. The contract may provide that persons contracted with have the exclusive right to collect or dispose of solid waste under section 4 of this chapter.
(b) A unit may contract with any business or institution for the collection and disposal of industrial, commercial, or institutional solid waste. All fees collected by the unit shall be deposited in the treasury of the unit for the administration, operation, and maintenance of the solid waste collection and disposal project.
(c) A unit may contract for the use of privately owned solid waste disposal facilities.
(d) This subsection applies if a contract executed under subsection (a) or (b) will yield a gross revenue to a contractor (other than a governmental entity) of at least twenty-five thousand dollars ($25,000) during the time it is in effect. A unit:
(1) must comply with IC 36-1-12-4 in awarding the contract if the unit is a county; and
(2) may comply with either:
(A) IC 36-1-12-4; or
(B) section 5.3 of this chapter;
in awarding the contract if the unit is a municipality other than a consolidated city.
(e) A unit entering into a contract under subsection (d)(1) shall require the bidder to submit a financial statement, a statement of experience, the bidder's proposed plan or plans for performing the contract, and the equipment that the bidder has available for the performance of the contract. The statement shall be submitted on forms prescribed by the state board of accounts. IC 36-1-12-4(b)(6) does not apply to this subsection.
(f) A unit may contract under this section with private persons that operate facilities that combine significant elements of recycling or production of refuse derived fuel.
[Pre-Local Government Recodification Citations: 19-2-1-4; 19-2-1-19; 19-2-6-1 part; 19-2-6-2 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.329-1985, SEC.25; P.L.19-1990, SEC.39; P.L.37-2022, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-5.5. Contracts for Incineration of Waste

Sec. 5.5. (a) As used in this section, "waste" includes solid waste and waste disposed of in conjunction with the disposal of solid waste, as well as liquid waste (consisting of sludge from air and water pollution control facilities or water supply treatment facilities) when disposed of in conjunction with the disposal of solid waste.
(b) A unit may contract for twenty (20) years or less for the incineration of waste.
As added by P.L.353-1985, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-6. Appropriations for Acquisition, Establishment, Operation, and Maintenance of Premises, Facilities, and Services

Sec. 6. The fiscal body of a unit acting under this chapter may make appropriations for the acquisition, establishment, operation, and maintenance of premises, facilities, and services for the collection and disposal of solid waste. Appropriations under this section may include amounts for employees, vehicles, and equipment necessary or incidental to the collection or disposal of solid waste.
[Pre-Local Government Recodification Citation: 19-2-1-5.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-7. Supervision and Control of Functions by Works Board

Sec. 7. (a) Except as provided in subsection (b), the:
(1) construction, acquisition, improvement, equipment, custody, administration, operation, and maintenance of any facilities for the collection and disposal of solid waste; and
(2) collection of revenues for the use and services of the facilities;
are under the supervision and control of the works board of the unit.
(b) The legislative body of a municipality may provide by ordinance that the functions described by subsection (a) are under the supervision and control of the sanitary board or utility service board of the municipality.
(c) As used in the following sections of this chapter, "board" means the works board or other board performing the functions described by subsection (a).
[Pre-Local Government Recodification Citations: 19-2-1-6; 19-2-6-1 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-8. Contracts or Agreements Necessary to Performance of Board's Duties

Sec. 8. The board may take all steps and proceedings and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. However, any contract relating to the financing of the acquisition, construction, or purchase of facilities for the collection and disposal of solid waste must be approved by the fiscal body of the unit before it is effective.
[Pre-Local Government Recodification Citations: 19-2-1-7 part; 19-2-6-1 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-9. Personnel Necessary in Execution of Board's Powers and Duties

Sec. 9. The board may employ, fix the compensation of, and assign the duties of engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and other employees it considers necessary in the execution of its powers and duties.
[Pre-Local Government Recodification Citation: 19-2-1-7 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-10. Expenses

Sec. 10. All expenses incurred by the board in carrying out this chapter shall be paid solely from money provided under this chapter. The board may not bind itself or the unit beyond the extent to which money has been or may be provided under this chapter.
[Pre-Local Government Recodification Citations: 19-2-1-7 part; 19-2-1-12 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-11. Operation, Management, and Control of Facilities

Sec. 11. After the:
(1) construction, installation, and completion; or
(2) acquisition;
of facilities for the collection and disposal of solid waste, the board shall operate, manage, and control the facilities. The board may extend and improve the facilities, if money is available for that purpose under this chapter.
[Pre-Local Government Recodification Citation: 19-2-1-7 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-12. Adoption of Rules

Sec. 12. The board shall adopt rules for the use and operation of facilities constructed or acquired under this chapter.
[Pre-Local Government Recodification Citation: 19-2-1-7 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-13. Operation of Facilities

Sec. 13. The board shall do all things necessary or expedient for the successful operation of facilities constructed or acquired under this chapter.
[Pre-Local Government Recodification Citation: 19-2-1-7 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-14. Contracts With Other Units Desiring Use of Facility; Cost and Expenses; Term

Sec. 14. A unit constructing, acquiring, or maintaining facilities for the collection and disposal of solid waste may contract with a unit that wants to use the facilities for the payment of all or part of the cost and expenses of the facilities, for any term not exceeding twenty-five (25) years. A contract under this section must be executed in accordance with IC 36-1-7.
[Pre-Local Government Recodification Citation: 19-2-1-8.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-15. Methods of Financing of Facilities and Land

Sec. 15. The acquisition, establishment, construction, installation, operation, and maintenance of facilities and land for the collection and disposal of solid waste may be financed through general taxation, service fees, or a combination of these methods.
[Pre-Local Government Recodification Citations: 19-2-1-9; 19-2-1-12 part.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-16. Preliminary Expenses; Payment; Procedure; Reimbursement of Fund

Sec. 16. (a) All or part of the necessary preliminary expenses that are incurred by a board and must be paid before the issuance and delivery of revenue bonds under this chapter may be paid in the manner provided by this section.
(b) The board may certify the items of expense to the fiscal officer of the unit, who shall immediately draw a warrant or warrants to be paid out of the unappropriated part of the general fund of the unit, without a special appropriation being made. If the unit has no unappropriated money in its general fund, the fiscal officer shall recommend to the fiscal body of the unit:
(1) the temporary transfer from other funds of a sufficient amount to meet the items of expense; or
(2) the making of a temporary loan for that purpose.
The fiscal body shall immediately make the transfer or authorize the temporary loan.
(c) The fund or funds from which the payments are made shall be fully reimbursed and repaid out of the first proceeds of the sale of revenue bonds, and before any other disbursements are made from those proceeds. The amount advanced to pay preliminary expenses is a first charge against the proceeds resulting from the sale of the revenue bonds until it has been repaid.
[Pre-Local Government Recodification Citation: 19-2-1-10.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-17. Revenue Bonds; Issuance; Interest Rates; Terms and Conditions; Nature of Bonds; Sale

Sec. 17. (a) The unit may issue revenue bonds to provide all or part of the money necessary to pay the costs of facilities acquired or constructed under this chapter. The bonds, which are payable solely from the fund established under section 18 of this chapter, must be authorized by an ordinance of the fiscal body of the unit, setting forth the terms and conditions of the bonds.
(b) The bonds may bear interest at any rate determined by the ordinance, payable semiannually, and mature serially, either annually or semiannually and beginning at the time and extending over the period of years determined by the ordinance.
(c) The ordinance may include the terms and conditions considered necessary and proper to protect the bondholders.
(d) The bonds shall be issued in the name of the unit, but they are not a corporate indebtedness of the unit. The bonds must contain a statement on their face that the unit is not obligated to pay them or the interest on them, except from the fund established under section 18 of this chapter.
(e) The bonds are negotiable instruments.
(f) The bonds and the interest on them are exempt from all state, county, and municipal taxation.
(g) The bonds shall be executed in the same manner as other bonds issued by the unit are executed, and shall be sold in accordance with IC 5-1-11 or at a negotiated sale.
(h) Bonds issued by a lessor corporation under this chapter shall be sold in accordance with IC 5-1-11 or at a negotiated sale.
[Pre-Local Government Recodification Citations: 19-2-1-12 part; 19-2-1-13 part; 19-2-1-17 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.35-1990, SEC.71.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-18. Revenue Bonds; Ordinance Authorizing Bond

Sec. 18. The ordinance authorizing the revenue bonds must also:
(1) establish a sinking fund for the payment of the bonds, the interest on the bonds, and the charges of banks or trust companies for making payment of the bonds or interest; and
(2) pledge the revenues of the facilities, after the payment of the reasonable expense of operation, repair, and maintenance, into the sinking fund at intervals to be determined by the ordinance, for:
(A) the payment of interest on the bonds as it falls due;
(B) the payment of the bonds as they fall due; and
(C) the accumulation of reasonable reserves in the sinking fund as a margin for safety and a protection against default, and for the payment of premiums upon bonds retired by call or purchase.
The required payments constitute a first charge upon the revenues of the facilities, after the payment of the reasonable expense of operation, repair, and maintenance.
[Pre-Local Government Recodification Citation: 19-2-1-15.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-19. Revenue Bonds; Application of Proceeds; Costs of Facility

Sec. 19. (a) All money received from any revenue bonds issued under this chapter, after reimbursements for preliminary expenses under section 16 of this chapter, shall be applied solely to the payment of the costs of the facilities acquired or constructed under this chapter. Any surplus of bond proceeds above that amount shall be paid into the fund established under section 18 of this chapter. The holders of the bonds have a lien on the money until it is applied in the manner prescribed by this section.
(b) For purposes of this section, costs of the facilities include:
(1) the cost of all property and rights considered necessary or convenient for installing, constructing, and equipping the facilities;
(2) interest on bonds before and during the acquisition, installation, construction, and equipment of the facilities, and for six (6) months after the start of collection of fees under this chapter;
(3) engineering and legal expenses;
(4) expenses for estimates of cost and revenues;
(5) expenses for surveys and plans;
(6) other expenses necessary or incidental to determining the feasibility or practicability of the method or methods to be used for the disposal of solid waste;
(7) administrative expenses; and
(8) other expenses necessary or incidental to financing under this chapter.
[Pre-Local Government Recodification Citations: 19-2-1-11; 19-2-1-14.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-20. Revenue Bonds; Action to Question Validity and to Protect and Enforce Bondholders' Rights

Sec. 20. (a) An action to question the validity of the revenue bonds or to prevent their issuance may not be brought after the date fixed for their sale.
(b) Any holder of any of the revenue bonds or the coupons attached to them may bring any action necessary to:
(1) protect and enforce the holder's rights under this chapter or the ordinance authorizing the bonds; and
(2) enforce and compel performance of all duties required by this chapter or the ordinance authorizing the bonds, including the making and collecting of reasonable and sufficient fees for the use of and services rendered by the facilities for the disposal of solid waste.
However, the unit may not be compelled to pay fees on behalf of other users or owners.
(c) If there is a failure to pay the principal or interest of any of the bonds on the date named for payment, any court having jurisdiction of the action may appoint a receiver to administer the facilities on behalf of the unit and the bondholders. The receiver may:
(1) charge and collect from all users or owners fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance;
(2) pay any bonds and interest outstanding; and
(3) apply the revenues in conformity with this chapter and the ordinance authorizing the bonds.
[Pre-Local Government Recodification Citations: 19-2-1-13 part; 19-2-1-17 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.127-2017, SEC.373.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-22. Solid Waste Disposal Nonreverting Capital Fund

Sec. 22. (a) At the request of the board, the fiscal body of the unit may, by ordinance, establish a solid waste disposal nonreverting capital fund.
(b) Capital for the fund consists of:
(1) deposits by the board of the revenues of its facilities that remain after payment of expenses, in an amount determined by the fiscal body upon the recommendation of the board; and
(2) appropriations of money derived from user fees, in an amount determined by the fiscal body.
(c) After an appropriation by the fiscal body, the board may use the fund for:
(1) acquisition of property and other rights;
(2) installing, constructing, equipping, expanding, modifying, or remodeling new or existing facilities; or
(3) engineering, legal, surveying, estimating, appraising, planning, designing, and other expenses necessary to determine the feasibility of implementing solid waste disposal methods.
[Pre-Local Government Recodification Citation: 19-2-1-34.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-23. Garbage Grinders

Sec. 23. (a) A garbage grinder may not be installed on any private property under this chapter unless the property owner and the tenant, if any, files a written request for garbage disposal service and the installation of a garbage grinder.
(b) The users of garbage grinders may discontinue the service at any time by filing a written request for the discontinuance of the service with the board.
(c) All property rights in the garbage grinders remain in the unit. The unit may remove a garbage grinder upon the discontinuance of the service by the user or if any fees are not paid within thirty (30) days after they are due.
(d) The users of garbage grinders are responsible for any damages to the grinders, except for ordinary wear and tear.
[Pre-Local Government Recodification Citation: 19-2-1-18.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-24. Lease With Option to Purchase Facilities; Terms and Conditions

Sec. 24. (a) A unit may enter into a lease with option to purchase of solid waste disposal facilities inside or outside the corporate boundaries of the unit. However, a lease with an option to purchase may not be entered into for a term of more than thirty (30) years unless:
(1) the lessor is a corporation organized under Indiana law or admitted to do business in Indiana;
(2) a petition for the lease, signed by fifty (50) or more resident taxpayers of the unit, has been filed with the board; and
(3) the board has, after investigation, determined that there is a need for the facilities.
The terms and conditions of the option to purchase must be specified in the lease.
(b) A lease under this section may provide that as a part of the lease rental for the solid waste disposal facilities, the unit agrees to:
(1) pay all taxes and assessments levied against or on account of the leased property;
(2) maintain insurance on the leased property for the benefit of the lessor corporation; and
(3) assume all responsibilities for repair and alterations of the leased property during the term of the lease.
[Pre-Local Government Recodification Citations: 19-2-1-20; 19-2-1-23.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-25. Lease With Option to Purchase Facilities; Hearing; Notice; Authorization to Execute Lease

Sec. 25. (a) After the lessor corporation and the unit have agreed upon the terms and conditions of a lease under section 24 of this chapter, and before the final execution of the lease, notice of a hearing to be held before the board shall be given to all interested persons. The hearing may not be earlier than ten (10) days after the publication of notice.
(b) The notice of hearing shall be published one (1) time in the manner prescribed by IC 5-3-1. The notice must name the day, place, and hour of the hearing and set forth a brief summary of the principal terms of the lease, including the location and name of the proposed lessor corporation, the character of the property to be leased, the rental to be paid, the term of the lease, and a summary of the terms of purchase under the option. The cost of publication shall be paid by the lessor corporation.
(c) The proposed lease, drawings, plans, specifications, and estimates for the solid waste disposal facilities shall be kept available for inspection by the public during the ten (10) day period and at the meeting.
(d) At the hearing, which may be adjourned from time to time, all interested persons are entitled to be heard upon the necessity for the execution of the lease and upon the fairness and reasonableness of the rental and purchase price provided for in the lease.
(e) After the hearing, the board may authorize the execution of the lease as originally agreed upon or make the modifications in the lease that are agreed upon with the lessor corporation. However, the lease rental or purchase price as set out in the published notice may not be increased.
[Pre-Local Government Recodification Citation: 19-2-1-25.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-26. Lease With Option to Purchase Facilities; Notice of Date of Execution of Lease

Sec. 26. When the execution of a lease is authorized under section 25 of this chapter, the board shall give at least ten (10) days' notice of the date upon which the lease will be executed. The notice shall be published one (1) time in the manner prescribed by IC 5-3-1. An action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease may not be brought after the execution of the lease.
[Pre-Local Government Recodification Citation: 19-2-1-26.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.169-2006, SEC.81.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-27. Lease With Option to Purchase Facilities; Lessor Corporation; Payment

Sec. 27. In anticipation of the acquisition of a site and the construction and erection of solid waste disposal facilities, including the necessary equipment and appurtenances, a unit may enter into a lease with option to purchase with a lessor corporation, subject to the approval of the department of local government finance. Such a lease may not provide for the payment of any lease rental by the lessee until the facilities are completed and ready for solid waste disposal. The lessor corporation shall agree in the lease to furnish a bond satisfactory to the lessee and conditioned upon final completion of the facilities within the period specified in the lease, except for unavoidable delays.
[Pre-Local Government Recodification Citation: 19-2-1-24.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.90-2002, SEC.515.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-28. Lease With Option to Purchase Facilities; Erection of Facility on Land Owned by Unit

Sec. 28. A unit that wants to have solid waste disposal facilities erected on land owned or to be acquired by the unit may:
(1) sell that land to the lessor; or
(2) lease that land to the lessor for a nominal rental for the same period of years that the unit leases the facilities, and grant an option to the lessor to purchase the land within six (6) months after the termination of the lease of the facilities if the unit defaults under the terms of the lease and the lease is terminated.
If the option price on the land is not fixed in the original lease, the circuit court for the county shall appoint three (3) appraisers who reside in the unit to determine the price to be paid for the land under the option.
[Pre-Local Government Recodification Citation: 19-2-1-27.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-29. Lease With Option to Purchase Facilities; Submission of Plans, Specifications, and Estimates; Preliminary Engineering Design Work

Sec. 29. (a) A lessor corporation proposing to build solid waste disposal facilities, including the necessary equipment and appurtenances, shall, after the execution of the lease, submit to the unit plans, specifications, and estimates for the facilities. The plans and specifications shall be submitted to the Indiana department of health and must be approved in writing by the state department and by the unit before the execution of the lease.
(b) This section does not prohibit the unit from contracting for the preliminary engineering design work necessary to initiate the planning and engineering of the solid waste disposal facilities, and making provisions for payment for these services.
[Pre-Local Government Recodification Citation: 19-2-1-22.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.2-1992, SEC.895; P.L.56-2023, SEC.339.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-30. Lease With Option to Purchase Facilities; Annual Tax Levy; Review of Levy

Sec. 30. A unit that wants to lease solid waste disposal facilities under this chapter shall annually levy a tax sufficient to produce the money required to pay the rental stipulated in the lease. The levy may be reviewed by other bodies vested by law with that authority, in order to ascertain that the levy is sufficient to raise the amount required under the lease.
[Pre-Local Government Recodification Citation: 19-2-1-28.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-31. Lease With Option to Purchase Facilities; Tax Exemption

Sec. 31. A solid waste disposal facility leased by a lessor corporation to a unit under this chapter is exempt from all state, county, and other taxes, including all sales and use taxes applicable to tangible personal property incorporated or to be incorporated in the facility. However, the rental paid to a lessor corporation under the terms of such a lease is subject to all applicable taxes.
[Pre-Local Government Recodification Citation: 19-2-1-29.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-32. Lease With Option to Purchase Facilities; Exercise of Option; Nonexercise of Option; Extension of Lease

Sec. 32. (a) If a unit exercises an option to purchase contained in a lease under section 24 of this chapter, it may pay the purchase price of the facilities purchased with money obtained from bonds issued and sold under the statutes governing the issue and sale of bonds of the unit.
(b) If the unit does not exercise the option to purchase at the expiration of the lease, the solid waste disposal facilities covered by the lease become the absolute property of the unit upon the unit's full discharge and performance of its obligations under the lease. The lessor corporation shall execute proper instruments conveying to the unit good and merchantable title to the facilities.
(c) If the unit does not exercise the option to purchase, then the board, subject to the approval of the fiscal body of the unit, may extend the lease of the solid waste disposal facility for the term, not to exceed a period equal to the term of the original lease, and for the consideration agreed to by the parties to the original lease or their assignees. At the end of the extension period, the facility covered by the lease becomes the absolute property of the unit, and the lessor corporation shall execute all proper instruments to convey the facility to the unit.
[Pre-Local Government Recodification Citation: 19-2-1-21.]
As added by Acts 1981, P.L.309, SEC.106.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-33. Adoption of Rules

Sec. 33. The environmental rules board may adopt rules under IC 4-22-2 to carry out this chapter.
[Pre-Local Government Recodification Citation: 19-2-1-32.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.204; P.L.113-2014, SEC.128.
2023 Indiana Code › Title 36. Local Government › Article 9. Transportation and Public Works › Chapter 30. Solid Waste Collection and Disposal › 36-9-30-34. Statutes, Ordinances, or Rules

Sec. 34. Action taken by the department of environmental management under this chapter does not limit the powers of other governmental entities to make or enforce other statutes, ordinances, or rules for the storage, collection, removal, or disposal of solid waste, if they do not conflict with this chapter. For purposes of this section, the provisions of this chapter shall be construed as cumulative or alternative.
[Pre-Local Government Recodification Citation: 19-2-1-30.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.143-1985, SEC.205.