§ 14-233-101. Title
This chapter may be referred to and cited as the “Joint County and Municipal Solid Waste Disposal Act.”
§ 14-233-102. Definitions
As used in this chapter: (1) “Board of directors” or “board” means the board of directors of a sanitation authority created under this chapter; (2) “Bonds” means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter; (3) “Clerk” means the county clerk of a county and the […]
§ 14-233-103. Construction
(a) This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized by this chapter and shall be regarded as supplemental and additional to powers conferred by other laws. (b) Except as expressly provided in this chapter, the acquisition, construction, reconstruction, enlargement, equipment, or operation and maintenance […]
§ 14-233-104. Creation of authority — General powers and restrictions
(a) (1) Any two (2) or more municipalities or suburban improvement districts, any two (2) or more counties, or any one (1) or more municipalities or suburban improvement districts together with any one (1) or more counties are authorized to create and become members of a sanitation authority as prescribed in this chapter. (2) Any […]
§ 14-233-105. Contents of ordinance — Filing of application — Certificate of incorporation — Amendments
(a) (1) The governing body of each municipality and county desiring to create and become a member of a sanitation authority may determine by ordinance that it is in the best interest of the municipality or county in accomplishing the purposes of this chapter to create and become a member of an authority. (2) The […]
§ 14-233-106. New members — Withdrawal of old members
(a) (1) After the creation of a sanitation authority, any other municipality, county, or district may become a member upon application to the authority, after adoption of an ordinance or resolution by its governing body making the determination prescribed in § 14-233-105 and authorizing the municipality, county, or district to participate, and with the unanimous […]
§ 14-233-107. Specific powers of authority
Each sanitation authority shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the rights and powers: (1) To have perpetual succession as a body politic and corporate, and to adopt bylaws for […]
§ 14-233-108. Board of directors — Executive committee
(a) Each sanitation authority shall consist of a board of directors appointed by the governing bodies of the members of the authority. (b) (1) The number and voting rights of directors shall be determined as set forth in § 14-233-105 and shall not thereafter be changed except by unanimous consent of the members of the […]
§ 14-233-109. Bonds — Issuance, public hearing, execution, and sale
(a) Sanitation authorities are authorized to use any available funds and revenues for the accomplishment of projects and may issue bonds, as authorized by this chapter, for the purpose of paying, financing, and refinancing project costs and accomplishing projects, either alone or together with other available funds and revenues. (b) (1) (A) Prior to a […]
§ 14-233-110. Bonds — Trust indenture
(a) The resolution authorizing the bonds may provide for the execution by the authority with a bank or trust company within or without this state of a trust indenture that defines the rights of the holders and registered owners of the bonds. (b) The resolution or indenture may control the priority between and among successive […]
§ 14-233-111. Bonds — Default
(a) (1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this chapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien or […]
§ 14-233-112. Bonds — Liability — Payment and security
(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this chapter, that the bonds are obligations only of the sanitation authority, and that in no event shall they constitute an indebtedness for which the faith and credit of the member municipalities, counties, or […]
§ 14-233-113. Refunding bonds — Issuance
(a) Bonds may be issued for the purpose of refunding any bonds issued under this chapter or any other interest-bearing indebtedness of the sanitation authority. Refunding bonds may be combined with bonds issued under the provisions of § 14-233-109 into a single issue. (b) When refunding bonds are issued, they may either be sold or […]
§ 14-233-114. Contracts with municipalities or counties — Rates, fees, and charges — Pledges
(a) Any municipality or county that is a member of a sanitation authority may contract with the authority to utilize any project upon any terms and conditions as are deemed necessary, convenient, or desirable by the municipality or county and the authority including without limitation agreements on the part of the municipality or county for […]
§ 14-233-115. Rights of bondholders
Any holder or registered owner of bonds or coupons pertaining to the bonds, except to the extent the rights given in this chapter may be restricted by the resolution or trust indenture authorizing or securing the bonds and coupons may, either at law or in equity, by suit, action, mandamus, or other proceeding protect and […]
§ 14-233-116. Bonds — Tax exemption
Bonds issued under the provisions of this chapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes.
§ 14-233-117. Tax exempt status of property and income of authority
Each sanitation authority created pursuant to this chapter will be performing public functions and will operate in a governmental capacity as a public instrumentality of the municipalities or counties which are members of the authority. Accordingly, all properties at any time owned by the authority and the income therefrom shall be exempt from all taxation […]
§ 14-233-118. Investment of public funds in bonds
Any municipality, any board, commission, or other authority established by ordinance of any municipality, or the boards of trustees, respectively, of the firemen’s relief and pension fund and the policemen’s pension and relief fund of any municipality, or the board of trustees of any retirement system created by the General Assembly of the State of […]
§ 14-233-119. Transfer of facilities to authority by county or municipality
(a) (1) Any municipality or county may acquire facilities for a project or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to a sanitation authority by sale, lease, or gift. (2) The transfer may be authorized by ordinance of the governing body without regard to […]
§ 14-233-120. Annual report
Within the first ninety (90) days of each calendar year, each sanitation authority shall make a written report to the governing body of each municipality and county which are members of the authority concerning its activities for the preceding calendar year. Each report shall set forth a complete operating and financial statement covering its operation […]