§ 36-9-31-3 — Powers and duties of board

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) To sue and be sued.
(2) To exercise the power of eminent domain as provided in IC 32-24 within the corporate boundaries of the city; however, the
power of eminent domain may not be exercised to acquire the
property of any public utility used for the production or
distribution of energy.
(3) To provide for the collection of waste accumulated within the
service district and to provide for disposal of waste accumulated
within the waste disposal district, including contracting with
persons for collection, disposal, or waste storage, and the recovery
of byproducts from waste, and granting these persons the right to
collect and dispose of any such wastes and store and recover
byproducts from them.
(4) To plan, design, construct, finance, manage, own, lease,
operate, and maintain facilities for waste disposal.
(5) To enter into all contracts or agreements necessary or
incidental to the collection, disposal, or recovery of byproducts
from waste, such as put or pay contracts, contracts and
agreements for the design, construction, operation, financing,
ownership, or maintenance of facilities or the processing or
disposal of waste or the sale or other disposition of any products
generated by a facility. Notwithstanding any other statute, any
such contract or agreement may be for a period not to exceed forty
(40) years.
(6) To enter into agreements for the leasing of facilities in
accordance with IC 36-1-10.
(7) To purchase, lease, or otherwise acquire real or personal
property.
(8) To contract for architectural, engineering, legal, or other
professional services.
(9) To exclusively control, within the city, the collection,
transportation, storage, and disposal of waste and, subject to the
provisions of sections 6 and 8 of this chapter, to fix fees in
connection with these matters.
(10) To determine exclusively the location and character of any
facility, subject to local zoning ordinances and environmental
management laws (as defined in IC 13-11-2-71).
(11) To sell or lease to any person any facility or part of it.
(12) To make and contract for plans, surveys, studies, and
investigations.
(13) To enter upon property to make surveys, soundings, borings,
and examinations.
(14) To accept gifts, grants, or loans of money, other property, or
services from any source, public or private, and to comply with
their terms.
(15) To issue from time to time waste disposal district bonds to
finance the cost of facilities as provided in section 9 of this
chapter.
(16) To issue from time to time revenue bonds to finance the cost
of facilities as provided in section 10 of this chapter.
(17) To issue from time to time waste disposal development
bonds to finance the cost of facilities as provided in section 11 of
this chapter.
(18) To issue from time to time notes in anticipation of grants or
in anticipation of the issuance of bonds to finance the cost of
facilities as provided in section 13 of this chapter.
(19) To establish fees for the collection and disposal of waste,
subject to the provisions of sections 6 and 8 of this chapter.
(20) To levy a tax within the service district to pay costs of
operation in connection with waste collection, waste disposal,
mowing services, and animal control, subject to regular budget
and tax levy procedures. For purposes of this subdivision,
"mowing services" refers only to mowing services for
rights-of-way or on vacant property.
(21) To levy a tax within the waste disposal district to pay costs
of operation in connection with waste disposal, subject to regular
budget and tax levy procedures.
(22) To borrow in anticipation of taxes.
(23) To employ staff engineers, clerks, secretaries, and other
employees in accordance with an approved budget.
(24) To issue requests for proposals and requests for
qualifications as provided in section 4 of this chapter.
(25) To require all persons located within the service district or
waste disposal district to deposit waste at sites designated by the
board.
(26) To otherwise do all things necessary for the collection and
disposal of waste and the recovery of byproducts from it.
As added by Acts 1982, P.L.77, SEC.27. Amended by
P.L.38-1984, SEC.5; P.L.85-1995, SEC.42; P.L.1-1996, SEC.96;
P.L.67-1999, SEC.1; P.L.2-2002, SEC.127; P.L.197-2016,
SEC.151.