36-9-31-1. Application of Chapter
Sec. 1. This chapter applies to each consolidated city. As added by Acts 1982, P.L.77, SEC.27.
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 […]
36-9-31-11. Agreements and Contracts Requested by Board; Waste Disposal Development Bonds; Financing Agreements; Advancement of Bond Expenses; Exemption From Property Taxes on Facilities; Approvals and Permits
Sec. 11. (a) The consolidated city may, upon request of the board: (1) enter into agreements concerning, and acquire by any lawful means, real property or interests in real and personal property needed for the purposes of this section; (2) enter into financing agreements to purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially […]
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 […]
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 […]
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 […]
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 […]
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.
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.
36-9-31-18. Tax Exemption; City Revenues
Sec. 18. All revenues received by the consolidated city under this chapter are exempt from all taxation. As added by Acts 1982, P.L.77, SEC.27.
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.
36-9-31-2. Definitions
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. “Byproduct” means energy and materials from wastes in a form that will allow their reuse. “Byproduct recovery facility” means a facility for the systematic separation and recovery of energy and recyclable material […]
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.
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 […]
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.
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 […]
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 […]
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 […]
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.
36-9-31-3. Powers and Duties of Board
Sec. 3. In order to provide for the collection and disposal of waste in the consolidated city and for the management, operation, acquisition, and financing of facilities for waste disposal, the board may exercise the following powers on behalf of the city, in addition to the powers specifically set forth elsewhere in this chapter: (1) […]