2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 21. SOLID WASTE MANAGEMENT DISTRICTS
CHAPTER 15. DISSOLUTION OF DISTRICTS
Download as PDF
<![CDATA[
IC 13-21-15
Chapter 15. Dissolution of Districts
IC 13-21-15-1
Dissolution of single county solid waste management district
Sec. 1. (a) If a solid waste management district is a county district
consisting of only one (1) county, the county may dissolve the
district under IC 13-21-3-1(f)(1) and IC 36-1-8-17.7(b).
(b) The dissolution of a district through the adoption of an
ordinance under IC 36-1-8-17.7(b)(7) is effective on the date
specified in the ordinance.
(c) Upon the dissolution of a district, the following apply:
(1) Any legal obligations of the district that were incurred under
this article before the district was dissolved, including bond
obligations, loan obligations, other contractual liabilities, and
civil liabilities, are transferred to the county and become legal
obligations of the county, and those legal obligations shall be
satisfied from assets of the district as provided in subdivision
(2).
(2) Any assets of the district that are needed to satisfy the legal
obligations described in subdivision (1) shall be:
(A) used by the district to satisfy those legal obligations; or
(B) transferred to the county and used by the county to
satisfy those legal obligations.
(3) To the extent there are assets of the district that are not
needed to satisfy the legal obligations described in subdivision
(1), those assets:
(A) shall be transferred to the county and become assets of
the county; and
(B) shall be used by the county in providing services
previously provided by the district.
(d) After the county district of a county is dissolved, the county
is no longer subject to this article, except for this chapter, and the
county is not a county district or a member of a joint district.
As added by P.L.189-2016, SEC.4.
IC 13-21-15-2
County withdrawing from joint district; determination not to
belong to another joint district or to be designated a county district
Sec. 2. (a) If a county is a member of a joint solid waste
management district and withdraws from the joint district under
IC 13-21-3-1(f)(2) and IC 13-21-4, the county executive of the
county may adopt an ordinance determining that both of the
following apply to the county:
(1) The county will no longer be a member of a joint solid
waste management district.
(2) The county will not be designated as a county solid waste
management district.
Indiana Code 2016
(b) If a county withdraws from a joint solid waste management
district under IC 13-21-4 and adopts an ordinance under subsection
(a):
(1) the county is responsible for its share of legal obligations (if
any) arising from its former membership in the joint district as
provided under IC 13-21-4; and
(2) any assets of the joint district that are apportioned to the
county under IC 13-21-4-4 become assets of the county and:
(A) shall be used by the county to satisfy the legal
obligations described in subdivision (1); or
(B) to the extent that the assets are not needed to satisfy the
legal obligations described in subdivision (1), shall be used
by the county in providing services previously provided by
the district.
(c) If the county executive of the county adopts an ordinance
under subsection (a), the county, after the date on which the
withdrawal of the county from the joint solid waste management
district is effective under IC 13-21-4:
(1) is no longer subject to this article, except for this chapter;
and
(2) is not a county district or a member of a joint district.
As added by P.L.189-2016, SEC.4.
IC 13-21-15-3
Dissolution of or withdrawal from solid waste management
district; effect upon property taxes in county
Sec. 3. (a) This section applies to the imposition of property taxes
in a county that:
(1) dissolves its county solid waste management district as
described in section 1(a) of this chapter; or
(2) withdraws from a joint solid waste management district and
determines that it will no longer be a member of a joint solid
waste management district or be designated as a county district
as described in section 2(a) of this chapter.
(b) The following apply to a county that dissolves its county solid
waste management district as described in section 1(a) of this
chapter:
(1) Subject to the limitations of this subsection, the authority of
the county solid waste management district to impose property
taxes for purposes of this article is transferred to the county.
(2) For property taxes first due and payable in the first year in
which the county no longer has a county solid waste
management district, the department of local government
finance shall establish a separate solid waste management
maximum permissible ad valorem property tax levy for the
county that is equal to:
(A) the county solid waste management district's maximum
permissible ad valorem property tax levy for the last year in
Indiana Code 2016
which the county solid waste management district was in
existence; multiplied by
(B) the assessed value growth quotient under IC 6-1.1-18.5-2
that applies to the determination of maximum permissible ad
valorem property tax levies for the first year in which the
county no longer has a county solid waste management
district.
(3) Property taxes collected by the county under the property
tax levy authorized under this subsection may be used only for
those purposes for which a property tax levy imposed by a solid
waste management district under this article may be used.
(c) The following apply to a county that withdraws from a joint
district and determines that it will no longer be a member of a joint
district or be designated as a county district as described in section
2(a) of this chapter:
(1) Subject to the limitations of this subsection, the county has
the authority to impose property taxes for purposes of this
article.
(2) For property taxes first due and payable in the first year in
which the county is no longer a member of the joint district, the
department of local government finance shall establish a
separate solid waste management maximum permissible ad
valorem property tax levy for the county that is equal to:
(A) the joint solid waste management district's maximum
permissible property tax levy for the last year in which the
county was a member of the joint district; multiplied by
(B) a fraction equal to:
(i) the certified assessed valuation of the county for taxes
payable in the last year in which the county was a member
of the joint district; divided by
(ii) the certified assessed valuation of the joint solid waste
management district for taxes payable in the last year in
which the county was a member of the joint district;
multiplied by
(C) the assessed value growth quotient under IC 6-1.1-18.5-2
that applies to the determination of maximum permissible ad
valorem property tax levies for the first year in which the
county is no longer a member of the joint district.
(3) For property taxes first due and payable in the first year in
which the county is no longer a member of the joint district, the
department of local government finance shall reduce the joint
solid waste management district's maximum permissible
property tax levy that would otherwise apply by the amount
determined under subdivision (2) for the withdrawing county.
(4) Property taxes collected by the county under the property
tax levy authorized under this subsection may be used only for
those purposes for which a property tax levy imposed by a solid
waste management district under this article may be used.
Indiana Code 2016
As added by P.L.189-2016, SEC.4.
IC 13-21-15-4
County authority to continue collecting solid waste management
district fee; requirement to use fee proceeds to provide services
Sec. 4. If:
(1) a fee on the disposal of solid waste under IC 13-21-13 or a
solid waste management fee under IC 13-21-14 is in effect in a
county; and
(2) the county:
(A) dissolves the county solid waste management district as
described in section 1(a) of this chapter; or
(B) withdraws from a joint solid waste management district
and determines that it will no longer be a member of a joint
district or be designated as a county district as described in
section 2(a) of this chapter;
the county may continue collecting the fee notwithstanding the action
described in subdivision (2). However, the county shall use the
proceeds of the fee exclusively to provide services previously
provided in the county by the solid waste management district.
As added by P.L.189-2016, SEC.4.
Indiana Code 2016
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
