Sec. 20. (a) An action to question the validity of the revenue bonds or to prevent their issuance may not be brought after the date fixed for their sale.
(b) Any holder of any of the revenue bonds or the coupons attached to them may bring any action necessary to:
(1) protect and enforce the holder's rights under this chapter or the ordinance authorizing the bonds; and
(2) enforce and compel performance of all duties required by this chapter or the ordinance authorizing the bonds, including the making and collecting of reasonable and sufficient fees for the use of and services rendered by the facilities for the disposal of solid waste.
However, the unit may not be compelled to pay fees on behalf of other users or owners.
(c) If there is a failure to pay the principal or interest of any of the bonds on the date named for payment, any court having jurisdiction of the action may appoint a receiver to administer the facilities on behalf of the unit and the bondholders. The receiver may:
(1) charge and collect from all users or owners fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance;
(2) pay any bonds and interest outstanding; and
(3) apply the revenues in conformity with this chapter and the ordinance authorizing the bonds.
[Pre-Local Government Recodification Citations: 19-2-1-13 part; 19-2-1-17 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.127-2017, SEC.373.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 30. Solid Waste Collection and Disposal
36-9-30-1. Application of Chapter
36-9-30-3. Facilities for Collection and Disposal; Revenue Bonds to Pay Costs
36-9-30-4. Methods for Disposal
36-9-30-5. Contracts for Collection or Disposal; Requirements
36-9-30-5.3. Contracts for Collection and Disposal of Solid Waste; Request for Proposals
36-9-30-5.5. Contracts for Incineration of Waste
36-9-30-7. Supervision and Control of Functions by Works Board
36-9-30-8. Contracts or Agreements Necessary to Performance of Board's Duties
36-9-30-9. Personnel Necessary in Execution of Board's Powers and Duties
36-9-30-11. Operation, Management, and Control of Facilities
36-9-30-13. Operation of Facilities
36-9-30-14. Contracts With Other Units Desiring Use of Facility; Cost and Expenses; Term
36-9-30-15. Methods of Financing of Facilities and Land
36-9-30-16. Preliminary Expenses; Payment; Procedure; Reimbursement of Fund
36-9-30-17. Revenue Bonds; Issuance; Interest Rates; Terms and Conditions; Nature of Bonds; Sale
36-9-30-18. Revenue Bonds; Ordinance Authorizing Bond
36-9-30-19. Revenue Bonds; Application of Proceeds; Costs of Facility
36-9-30-21. Fees for Use of and Service Rendered by Facilities
36-9-30-22. Solid Waste Disposal Nonreverting Capital Fund
36-9-30-24. Lease With Option to Purchase Facilities; Terms and Conditions
36-9-30-26. Lease With Option to Purchase Facilities; Notice of Date of Execution of Lease
36-9-30-27. Lease With Option to Purchase Facilities; Lessor Corporation; Payment
36-9-30-28. Lease With Option to Purchase Facilities; Erection of Facility on Land Owned by Unit
36-9-30-30. Lease With Option to Purchase Facilities; Annual Tax Levy; Review of Levy
36-9-30-31. Lease With Option to Purchase Facilities; Tax Exemption