Section X-9D

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Section X-9D: Solid waste management services.

  A.  The board of county commissioners of any county may call a
special election to determine whether or not the board shall
provide solid waste management services for the county.  An
election shall also be called by the board upon petition signed
by not less than ten percent (10%) of the registered voters of
the county.  All registered voters in such county shall be
entitled to vote, as to whether or not such services shall be
provided, and at the same time and in the same question authorize
a tax levy of not to exceed three (3) mills for the purpose of
providing funds for the purpose of support, organization,
operation and maintenance of such services. If the provision of
the services and the mill levy is approved by a majority of the
votes cast, a special annual recurring ad valorem tax levy of not
more than three (3) mills on the dollar of the assessed valuation
of all taxable property in the county shall be levied.  The
number of mills shall be set forth in the election proclamation,
and may be increased in a later election, not to exceed a total
levy of three (3) mills.  This special levy shall be in addition
to all other levies and when authorized shall be made each fiscal
year thereafter.
  B.  Upon passage of the question, the board of county
commissioners shall provide solid waste management services for
county residents and businesses.  The board may provide for one
or more disposal facilities and for solid waste collection
services. The board may purchase landfill sites, construct and
operate landfills and transfer stations and other solid waste
disposal and handling facilities.  The board shall provide a
solid waste disposal and collection system for the county, using
the funds available from the millage levy and any service charges
the board may assess.  The board may purchase, operate, and
maintain vehicles for curbside or roadside solid waste
collection.  In rural areas where curbside collection services
may not be economically feasible, the board may construct and
operate transfer stations for areawide collection and transfer of
solid waste to ultimate disposal sites.
  C.  The board of county commissioners of a county in which the
question has passed shall have the power and duty to promulgate
and adopt such rules, procedures and contract provisions
necessary to implement the purposes and objectives of this
section.  The board of county commissioners shall have the
additional powers to hire a manager and appropriate personnel,
contract, organize, maintain or otherwise operate the solid waste
management services within said county and such additional powers
as may be authorized by the Legislature.
  D.  Two or more counties in which the question has passed may
enter into agreements with each other to provide solid waste
management services in all counties involved in the most
economical fashion, including agreements to provide collection
and disposal services for each other where areas in one county
may be more economically served by facilities located in another
county.
  E.  In addition to other powers provided for pursuant to the
provisions of this section, the board of county commissioners of
any county in which the question has passed may issue bonds, if
approved by a majority vote at a special election for such
purpose.  All registered voters within the county shall have the
right to vote in said election.  Such bonds may be issued for the
purpose of:
  1.  acquiring vehicles, equipment and other necessary items;
  2.  purchasing landfill sites;
  3.  constructing landfills, transfer stations, or other
facilities for solid waste management, disposal, and recycling;
and
  4.  operating and maintaining all of the above listed items.
  Landfill sites, equipment and other items, no longer needed,
shall be disposed of as provided for by law for the sale of
county-owned property.
  F.  The bonds authorized, pursuant to the provisions of
subsection E of this section shall not bear interest at a greater
rate than that authorized by statute for the issuance of city
municipal bonds.  Such bonds shall be sold only at public sale
after twenty (20) days' advertisement in a newspaper of general
circulation in the county.  Any county may refund its bonds as is
now provided by law for refunding municipal bonds.
  G.  Any board of county commissioners, upon issuing bonds as
authorized in subsection E of this section, shall levy a special
annual ad valorem tax upon the property within the county,
payable annually, in a total amount not to exceed three (3) mills
on the dollar, on the real and personal taxable property in such
county, for the payment of principal and interest on outstanding
bonds, until same are paid.  However, the board may suspend, from
time to time, the collection of such annual levy when not
required for the payment of the bonds.
  H.  There may also be pledged to the payment of principal and
interest of the bonds authorized to be issued:
  1.  any net proceeds from operation of the county solid waste
management services that the board of county commissioners shall
deem not necessary to the future operation, maintenance or
closure of said solid waste management services and facilities;
or
  2.  any monies available from other funds of the county not
otherwise obligated.
  I.  Bonds shall be issued for designated sums with interest
payable semiannually and with the principal maturing annually
beginning not more than three (3) years from date of issue.  All
bonds and interest thereon shall be paid upon maturity and no
bonds shall be issued for a period longer than thirty (30) years.
Any board of county commissioners may in its discretion schedule
the payment of principal over the period of maturity of the bond
issue, so that when interest is added there will be approximately
level annual payments of principal and interest.
  J.  In the event the mill levy as provided for in the original
election proclamation is less than three (3) mills, the board of
county commissioners may call a subsequent election to consider
increasing the mill levy; provided, however, the total levy
authorized by subsection A of this section shall not exceed three
(3) mills.
  K.  The board of county commissioners shall have jurisdiction
over the sale or refunding of any bonds issued by the county
pursuant to the provisions hereof, and shall be responsible for
the economical expenditure of the funds derived from the bonds.
  L.  The board of county commissioners shall be empowered to
charge fees for services, and accept gifts, funds or grants from
sources other than the mill levy, which shall be used and
accounted for in a like manner.  Persons served outside the
county shall be charged an amount equal to the actual costs for
providing the service, not taking into account any income the
county receives from millage or sources within the county.  The
board shall have legal authority to bring such suits necessary to
collect accounts owed and to sue and defend as necessary for the
protection of the board.  The State Auditor and Inspector shall
conduct an annual audit of the solid waste management operations
of such counties.
  M.  Any county may cease providing solid waste management
services, or cause the millage levy authorized by subsection G of
this section to be changed, by a majority vote of the registered
voters voting at an election called for that purpose by the board
of county commissioners.  Such an election shall not be called
unless either two-thirds (2/3) of the board members vote to call
such an election, or the board is presented a petition signed by
not less than twenty percent (20%) of all registered voters in
the county.
  N.  If a county ceases to provide solid waste management
services, any mill levy used to support, organize, operate and
maintain the services and facilities shall cease, provided that
such mill levy shall not cease until all outstanding solid waste
management services bonds of that county are retired, all other
debts incurred by the county in providing solid waste management
services have been satisfied, and all facilities have been
properly closed as provided for by law.
  O.  All elections called pursuant to the provisions of this
section shall be conducted by the county election board of each
county involved, upon receipt of an election proclamation, issued
by the board of county commissioners in the county affected.
Said proclamation shall be published in one issue of a newspaper
of general circulation in the county at least ten (10) days prior
to said election.  The proclamation shall set forth the purpose
of the election, and the date thereof.  The county election board
shall certify the results of the election to the board issuing
the proclamation.

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