Sec. 15. (a) A district located in a county having a population of more than thirty-three thousand (33,000) and less than thirty-three thousand one hundred (33,100) may appeal to the department of local government finance to have a property tax rate in excess of the rate permitted by section 12 of this chapter. The appeal may be granted if the district establishes that all of the following conditions exist:
(1) The district is in the process of constructing a landfill.
(2) A higher property tax rate is necessary to pay the fees charged by out of county landfills to dispose of solid waste generated in the district during the design and construction phases of the landfill being established by the district.
(b) The procedure applicable to maximum levy appeals under IC 6-1.1-18.5 applies to an appeal under this section. Any additional levy granted under this section may not exceed seven and thirty-three hundredths cents ($0.0733) on each one hundred dollars ($100) of assessed valuation of property in the district.
(c) The department of local government finance shall establish the tax rate if a higher tax rate is permitted.
(d) A property tax rate imposed under this section expires not later than December 31, 1997.
[Pre-1996 Recodification Citation: 13-9.5-2-11(d).]
As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.156; P.L.90-2002, SEC.369; P.L.146-2008, SEC.422; P.L.119-2012, SEC.117; P.L.104-2022, SEC.89.
Structure Indiana Code
Article 21. Solid Waste Management Districts
Chapter 3. Solid Waste Management Districts
13-21-3-0.2. Application of Certain Amendments to Prior Law
13-21-3-2. Territory Included in Designated District
13-21-3-3. Copy of Agreement to Commissioner
13-21-3-4. Board of Directors; Appointment
13-21-3-5. Board of Directors; Membership
13-21-3-6. Board of Joint District; Membership
13-21-3-7. Joint Districts; Executive Committees; Powers
13-21-3-8. Board of Directors of District; Term
13-21-3-10. Controllers; Powers and Duties
13-21-3-11. Citizen Solid Waste Management Advisory Committee; Membership; Functions
13-21-3-12. Powers of District; Exercise of Powers in Lake County
13-21-3-12.2. Additional Powers of Districts in Certain Counties
13-21-3-13.5. Reports on Funds
13-21-3-14. Powers of District; Exclusions
13-21-3-14.5. Conditions for Provision of Waste Management Services by District; Evaluation of Cost
13-21-3-15. Tax Rate Appeals in Certain Counties
13-21-3-15.5. Appeal for Additional Levy
13-21-3-16. Eligibility to Include in Budget Revenue From Imposed Property Tax
13-21-3-18. Grants and Loans From Counties and Municipalities
13-21-3-19. Delegation of Board's Authority; Limitations
13-21-3-21. Approval and Delivery of Budget
13-21-3-22. Contract With County to Collect Fees and Revenue; Delinquent Payments