§ 13-21-4-4 — Responsibility for legal obligations

Indiana § 13-21-4-4

• Jurisdiction: Indiana
• Art. 21: SOLID WASTE MANAGEMENT DISTRICTS
• Ch. 4: Withdrawal or Removal of Counties From Solid Waste

Text

(a) Except as provided in subsection (c), if a
county withdraws from or is removed from a joint district that consists
of more than two (2) counties, the county is responsible for its share of
the legal obligations:
(1) entered into by the joint district before the September 20 that
last precedes the date the identical resolutions adopted under
section 2 of this chapter for the county's withdrawal or removal
from the joint district take effect; and
(2) payable before the second January 1 that succeeds the
September 20 referred to in subdivision (1).
(b) The legal obligations referred to in subsection (a) include the
following:
(1) Contracts entered into by the joint district.
(2) Repayment of loan agreements entered into by the joint
district.
(3) Payment of bonds issued by the joint district.
(4) Any other legal obligation entered into by the joint district.
(c) If a joint district consists of more than two (2) counties, the
county executive of the county that withdraws or is removed from the
joint district and the board of the joint district shall enter into a written
agreement that specifies the legal obligations of the county and the
joint district after the date the identical resolutions adopted under
section 2 of this chapter for the withdrawal or removal of the county
take effect. A copy of the agreement shall be submitted to the
commissioner.
(d) If a joint district consists of only two (2) counties:
(1) each county is responsible for its share of the legal obligations
entered into by the joint district before the date the joint district
is dissolved; and
(2) the county executive of each county shall enter into a written
agreement concerning the division of the joint district's assets.
A copy of the agreement shall be submitted to the commissioner.
[Pre-1996 Recodification Citation: 13-9.5-2.3-4.]

Legislative History

As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.6; P.L.59-2023, SEC.19.